Questions & Answers
Avoiding a labor ban upon resignation from a limited contract
I am working on a limited contract with a company. I have signed a 2-year limited contract and I have completed 9 months.
I was trying to negotiate with the company. I wanted to leave back to home country due to family issues and I was ready to serve a notice period and 45 days' salary or even 3 months' salary, so that the employer does not put a ban on me.
They replied they will put a ban and they don’t need a notice period. They will follow the UAE law and they have already removed the system access from me.
They have emailed me, now due low performance we have suspended you for two days.
What’s the best solution to get rid of them and avoid a ban? Will this suspension affect me? What’s the best solution you can suggest for me?
Hello Dear,
As per my understanding from the facts, you have signed a limited-term contract for 2 years. After 9 months of the job, you want to go back to your country due to a family emergency, and avoid the ban to be imposed.
With your current situation, by Law, both the employer and employee mutually have to agree to end the employment contract.
If there is a notice period clause mentioned in your MOL contract, then you might have this option to serve the notice for the prescribed time.
As you wish to terminate the limited-term contract before the expiry of the term, you will be liable under the UAE Labour Law to pay the employer “early termination compensation” which shall be equal to half of a three months’ remuneration that includes salary and allowances.
Since they have suspended you for two days and also seized the system access, I would have to review your contract in place and the conversation with your employer to advise more adequately.
You may contact me at:
khubaib@jmadvocatesuae.com
+971 52 934 9402
Best regards,
Khubaib Bin Naeem
