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Repercussions of leaving work before the notice period ends

Dear Sir,

I am working as a general electrical engineer under an unlimited contract with 3 months notice period.

My visa is going to expire on the 04th of March 2019 and I don't want to renew as I got a good offer from some other company.

Do I still need to serve three months or is there any legal way to come out?

Also, please confirm how much maximum time my company can hold me without renewing my visa.

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Elnaggar & Partners
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12 Feb 2019, 07:41

Dear Questioner,

In order to give you the correct answers, I would need to review your employment contract and would also need to know how long you have been employed by your current employer.

Based on the information provided, if it states in your unlimited employment contract that you must serve a three-month notice period when resigning, you will have to work for the three-month notice period without breaching the contract.

However, you can approach your employer and try to reach a negotiation in regards to your notice period, for example, you may offer to pay your employer for the two months of lost wages if you were to leave the company when your visa expires.

Please contact me directly at bw@elnaggarlegal.com, if you would like to discuss your options if you were to breach your contract and leave the company without serving the three month notice period, as I would need additional information.

Furthermore, the employer has a one month grace period from when the visa expires to reapply for your employment visa.

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