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New job demands immediate cancellation; current employer refuses. What now?

Dear Sir/Madam,

I got a new job, and they want me to cancel my current employment visa within 2-3 days or risk losing the opportunity.

They promised to pay the fine for the 30-day notice, but my current employer won't accept it since there's no replacement for my position.

Is there a way to cancel my current visa or a good solution for this?

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Dar Al Haqooq Legal Consultancy
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27 Feb 2024, 11:30

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

It can be difficult to cancel your employment visa quickly to find a new job. Open communication with current and prospective employers is crucial to finding solutions.

Talking to your current employer about helping with the transition or finishing your remaining duties may be helpful. You might also negotiate a different start date with your new job and consult with us to find a solution here: UAE employment contract review + One-hour advice session

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will be happy to help you.

Thanks & Regards,

ABDUL WAHIED

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Shamsa Albedwawi Advocates & Legal Consultants
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27 Feb 2024, 11:43

Dear Questioner,

According to UAE labor law, an employee must give a 30-day notice period before canceling their employment visa.

However, in certain cases, the employer may agree to waive this notice period and cancel the visa immediately.

This is usually done in mutual agreement between the employer and employee. In your case, it is important to communicate with your current employer and explain the situation to them.

You can also try to negotiate with them to find a suitable replacement for your position within the 30-day notice period.

If this is not possible, you can try to reach a mutual agreement with your current employer to waive the notice period and cancel your visa immediately.

If your current employer does not agree to waive the notice period, you can seek legal advice from the Ministry of Human Resources and Emiratization (MOHRE).

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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27 Feb 2024, 12:11

Dear Questioner,

You are required by law to serve a notice period of 1 month, not more than 3 months before you can seek employment elsewhere.

Assuming the notice period has been satisfied, the previous employer cannot reject your request and you can serve a legal notice if any dispute arises in this regard.

Moreover, considering the urgency of your matter and if you have not satisfied the notice period, you can try to reach a settlement with your previous employer and compensate them in order to have your current employment visa canceled.

Furthermore, our firm offers complimentary consultations to assist you with your legal concerns, which can be conducted online in a free 15-minute session.

Please contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Law Firm

Legal Counsel and Consultations

AS

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KHE Legal Consultancy
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28 Feb 2024, 08:08

Dear Questioner,

You can approach MOHRE if your company is reluctant to cancel your visa.

Also please ensure that there are no possibilities to file a non-competancy case against you after reviewing your contract.

If you need our assistance in your matter, please share your WhatsApp number.

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London Center for Legal Consultancy Office
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28 Feb 2024, 11:43

Dear Questioner,

Unfortunately, you cannot leave your current job or cancel your visa until after the notice period has expired, unless your current employer allows you to leave work without that period having passed.

For further inquiries about your topic, you can reach our office or contact us via WhatsApp or email.

Laila Hamza Al Mulla Advocates and Legal Consultants
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28 Feb 2024, 11:49

Dear Questioner,

The best option will be negotiating with your current employer for the arrangement of payment in lieu of notice which is acceptable by your employer. So you don't have to serve the notice period.

This is applicable in this kind of situation according to UAE Labor law. Your employer can make an urgent recruitment to fill the vacancy.

If you need further clarification, kindly contact us.

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