Q: I am working at a clinic since March 2018. Because of the employer torture, I want to leave the job without intimating. They were asking me to pay the visa charges. What will be the effect on me… A: Employer shall not be legally entitled to deduct or receive any amount against the cost of visa…

Dubai, UAE

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Termination of a limited term contract without notice

I am working at a clinic since March 2018 and got a limited-period contract 3 Jul 2018 to 2 Jul 2020, and a probation period of 6 months until 2nd Jan 2019.

Because of the employer torture, I want to leave the job without intimating. They were asking me to pay the visa charges also.

What will be the effect on me and do I have to pay the visa charges or not?

Khubaib Bin Naeem

Jasim Almaeeni Advocates & Legal Consultants

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26 Dec 2018, 09:37

Dear,

What do you mean by employer torture?

Please note that the termination of a limited-term contract without intimating by an employee may attract a Labor Ban up to 1 year.

This contact may be terminated with the mutual understanding of the employee and employer.

However, be advised that where an employee seeks to terminate the employment contract, the employer shall not be legally entitled to deduct or receive any amount against the cost of visa incurred by the employer.

It may also be noted that no law states that an employee should reimburse visa expenses incurred by the employer.

Rather it shall be deemed to be in contravention of Article 60 of the Federal Law No 8 of 1980 Regulation of Labor Relations which states that:

"No amount of money may be deducted from a worker's wage in respect of private claims, except in the cases such as penalties, instalments of loan issued by the employer, advance payments made to the employee against his entitlement, that should not exceed 10% of the employee's periodic pay.

Should you need any further clarification, you may contact me at:

052 934 9402

Best regards,

Khubaib Bin Naeem

26 Dec 2018, 10:17

While joining, he would take our passports and make torture mentally and physically to us. We cannot explain the problem.

Example: As I requested the emergency leave from 20 Nov to 16 Dec 2018, they grant me but due to some problem I was unable to come on 16 Dec 2018.

The same matter I explained in Whatsapp to them and came on 20 Dec 2018, and they agreed in Whatsapp.

After coming to office on 21 Dec 2018, they discussed again I explained the same thing again and show penalty for ticket copy.

That day they didn't tell anything, and on 23 Dec 2018, they kept warning me on my personal email stating that they will initiate action from that. They started to keep emailing for small mistakes or delay.

So, I want to leave Dubai without intimating to management, otherwise, they will play another game to face more problem, and they will deduct from my salary.

I have to maintain my family with 2 kids.

Please try to understand the situation Sir and help out of this.

26 Dec 2018, 11:31

ARTICLE (121) of Federal Law No 8 of 1980 Regulation of Labor Relations

The employee may leave the service without notice in the following cases:

a. If the employer does not fulfill his obligations towards the employee as provided

for in the contract or in this Law.

b. If the employer of his legal regal representative has committed an act of assault

against the employee.

Terminating Labor contract before completion without just cause as prescribe about by the law, may result in Labor Ban for the period up to 1 year and in some case for life time. I understand that you have been granted leave from 20th Nov to 20th Dec with in your probation period. Since you have two kids to take care of, my advice is to complete the period of contract.

Share copy of your employment contract so that I can better understand the rights and duties of both parties.

26 Dec 2018, 12:36

My probation period is going to close on 2nd jan2019 can move to india without intimate the management . if ban upto 6 months or 1 yrs its ok . but life time ban I cannot come back . and my salary 2500 accounting clerk post . how i can go back to india and necessary steps i have take.

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Nikhat Sardar Khan

Kochhar & Co Inc. Legal Consultants (Dubai Branch)

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26 Dec 2018, 16:50

If you do not have a visa there won't be a ban. If you have a visa and if you did not complete one year of service, an automatic six months or one-year labor ban may be imposed by the Ministry of Labour upon request by your employer. No employment visa shall be issued to you until the period of the ban is completed.

They will ask you to pay the visa cost you are not obliged to.

27 Dec 2018, 05:16

Good Morning Madam,

I working as accountant, they were pressure me and torturing me that if vat penalty or any other penalty to have pay by me . I have to do at this situtition .please help me out of this problem and issue me a offer letter . i believe them and signed without studying it . in that they mentioned that if break the contract i have to pay them 10,000DHs . present my salary is 2000dhs . i have to maintain my family in india . i didn't understanding the situtition .

My contract is limited contract ( 2yr) .

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