Q: I joined a company more or less 4 months ago. I am thinking of resigning. If I terminate the contract within 1 year, I have to pay 3x of my salary… A: The labor contract must match the offer letter and if says 6-month probation then the same should be applied to the contract itself

All cities, UAE

211

Can the employer terminate me during probation and force me to pay compensation?

Hi.

I have not gotten an answer to the same question.

I joined a company more or less 4 months ago, and I have seen illegal manipulations happening to the staff. I am thinking of resigning.

Now, I wanted to ask about “Article 4 (Additional Terms)” in the MOHRE contract, stating if I terminate the contract within 1 year, I have to pay 3x of my salary plus a ban of 1 year.

And I am not allowed to work in any competing company for 1 year. Is this valid?

The 2nd question, the company had forced me to sign the MOHRE contract without a probation period (I didn’t know they could even remove it), which was also stated in my company offer letter that I will have 6 months.

Please, I really need your help.

Premium

Ahmed Gabr

Elnaggar & Partners

Chat

Hire

Meet

16 Sep 2022, 06:51

For the first question, it is against the law and is not applicable by any means.

For the second question, the labor contract must match the offer letter and if says 6-month probation then the same should be applied to the contract itself.

Moreover, the probation period could be waived by mutual understanding between the parties.

16 Sep 2022, 10:42

Hi Attorney,

1st question: if it is against the law, why is it in my labor contract and it is somehow being forced by the company otherwise I won’t get the job offered by them?

2nd question: we ended up having a mutual agreement when I was questioning them (I have copies of our conversation) as to why the labor contract probation is ZERO months whilst the Initial Offer Letter is six months.

Again, it feels like I was forced to agree as they are not giving me other option but to sign the 3 months instead.

16 Sep 2022, 11:00

Any terms can be added to the contract, however, the enforcement of such terms is subject to the applicable law.

It is wrong for the parties to add terms that are not approved by law, and in this case - according to the new labor law, the employee doesn't pay any single penny unless he has an ongoing loan from the company and must be released without single deduction or compensation - after serving the notice period as agreed.

16 Sep 2022, 20:19

Hi Attorney,

Now they want to terminate me and their lawyer was telling me I have to pay fees such as visa fee and half a month's salary.

I have given them feedback on how I feel about working in the company and it is somehow used against me.

The lawyer said that it shows from my statement (feedback) that I have no interest in working anymore.

Please note that I have not resigned, I have only given them honest feedback.

So when I asked their lawyer if this was termination he said yes, and I told him if it’s the case the company should be the one paying me, not me to them.

But he insisted that this is a different case.

16 Sep 2022, 20:21

Please advise me on what to do. Should I pay or they are wrong?

I have screenshots of every conversation with this lawyer and my feedback message beforehand.

19 Sep 2022, 05:19

Hello dear questioner,

The company is wrong 100%. With all due respect to the company representative who says you have to pay, that's against the law by all means.

And if you claim against them you will win your case no doubt.

Moreover, if they decided to terminate you, they will have to pay you all of your pending salaries, one month's notice or as agreed upon in the contract, gratuity if you passed one year, unused annual leave, air ticket if you wish to go home for some time plus experience certificate.

Kindly contact me at my email for any further assistance.

Was this content helpful?

Fixed-fee services

2 • View all