How can I resign from a company during my probation period under the UAE's new Labour Law? I want to ensure that I do not receive a ban and can accept a job with another employer. At present, my visa profession is skill level 5. My probation period is six months, which I will complete in the middle of March next year. AS, Abu Dhabi
There has been a recent announcement, Federal Decree – Law 33 of 2021, about changes to the UAE Labour Law but this is not due to come into effect until February 2, 2022, with final confirmation of the executive regulations being prepared and still to be issued. Until this time, the current rules apply.
At the present time, all employees, whether on probation or permanent, must provide 30 days’ notice when resigning as per Article 117 of the Labour Law, which states: “The employer and the worker may terminate the employment contract with undetermined term for valid grounds at any time subsequent to the conclusion of the contract, and such after notifying the other party thereof in writing at least 30 days prior to the termination thereof.”
This is generally also the case for fixed-term contracts, although other restrictions will apply.
Should AS resign with less than a year of service, the employer can apply for an employment ban as his visa is for skill level 5, the lowest level.
Once the new rules come into effect next year, the situation will be different and will depend on the reason for an employee wanting to leave service during a probation period and also whether they want to change employers or to leave the country.
If AS wishes to change employers after the changes come into effect, he will still need to give 30 days’ notice but his new employer will be required to compensate the previous company for costs incurred in employing him, such as visa fees or any recruitment fees.
The proposed new legislation is intended to make it easier for employees to change jobs without disadvantaging employers. While it will prevent employers from forcing people to leave the country, there is no specific mention of whether there will be any change in employment bans.
I am facing some issues with my previous company. They are delaying the cancellation of my visa and the company I need to join is saying it cannot wait any longer. What can I do? IC, Sharjah
When an employee resigns and has completed their notice period, the employer should cancel their visa and work permit at the time the person stops working for them. No employer should delay cancellation.
If the company fails to act promptly, employees can contact the Ministry of Human Resources and Emiratisation on their helpline number, 800 665, or via the online chat function on its website.
If an employer does not come under the jurisdiction of the ministry, which covers all mainland employers and many of the free zones, the employee can contact the dispute centre of the free zone for assistance.
I came to Dubai on a visit visa and 10 days later I joined a five-star hotel as a waiter. They are applying for a free zone employment visa for me. I have now resigned as my wife had an accident and I need to go back to India but the company has said that if it cancels my visa, I will be banned from working in the UAE. I only worked for two days and have not had the visa medical test. Is it possible for the company to ban me in this situation? AB, Dubai
Firstly, I am sorry to read about your wife and hope she recovers soon.
If someone has not undergone a medical examination, they do not have a UAE residence visa or a work permit. Without these, they are not officially an employee of a company and the employer is not able to request an employment ban.
AB has stated that the application is for a visa in a free zone, which is irregular as nearly all hotels in Dubai have mainland licences.
If this is the case, he can check with the free zone itself to confirm whether a visa is in process. It is worth noting that a ban is not relevant should he return for another job in the same free zone.
The proposed new legislation is intended to make it easer for employees to change jobs without disadvantaging employers
Keren Bobker
If this hotel has a mainland licence, which is far more likely for a five-star venue, then the visa is under the Ministry of Human Resources and Emiratisation and AB can check with them.
Given the circumstances, this seems a rather mean threat from the company and while it may be inconvenient, it would be nice if some humanity prevailed.
Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information only.
Our legal consultant
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UAE currency: the story behind the money in your pockets
The specs
Engine: 2.0-litre 4cyl turbo
Power: 261hp at 5,500rpm
Torque: 405Nm at 1,750-3,500rpm
Transmission: 9-speed auto
Fuel consumption: 6.9L/100km
On sale: Now
Price: From Dh117,059
How to help
Send “thenational” to the following numbers or call the hotline on: 0502955999
2289 – Dh10
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The specs
Engine: 1.6-litre 4-cyl turbo and dual electric motors
Power: 300hp at 6,000rpm
Torque: 520Nm at 1,500-3,000rpm
Transmission: 8-speed auto
Fuel consumption: 8.0L/100km
Price: from Dh199,900
On sale: now
Specs
Engine: Electric motor generating 54.2kWh (Cooper SE and Aceman SE), 64.6kW (Countryman All4 SE)
Power: 218hp (Cooper and Aceman), 313hp (Countryman)
Torque: 330Nm (Cooper and Aceman), 494Nm (Countryman)
On sale: Now
Price: From Dh158,000 (Cooper), Dh168,000 (Aceman), Dh190,000 (Countryman)
Specs
Engine: Duel electric motors
Power: 659hp
Torque: 1075Nm
On sale: Available for pre-order now
Price: On request
Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
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The National's picks
4.35pm: Tilal Al Khalediah
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Jetour T1 specs
Engine: 2-litre turbocharged
Power: 254hp
Torque: 390Nm
Price: From Dh126,000
Available: Now
WISH
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Benefits of first-time home buyers' scheme
- Priority access to new homes from participating developers
- Discounts on sales price of off-plan units
- Flexible payment plans from developers
- Mortgages with better interest rates, faster approval times and reduced fees
- DLD registration fee can be paid through banks or credit cards at zero interest rates
THREE
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Some of Darwish's last words
"They see their tomorrows slipping out of their reach. And though it seems to them that everything outside this reality is heaven, yet they do not want to go to that heaven. They stay, because they are afflicted with hope." - Mahmoud Darwish, to attendees of the Palestine Festival of Literature, 2008
His life in brief: Born in a village near Galilee, he lived in exile for most of his life and started writing poetry after high school. He was arrested several times by Israel for what were deemed to be inciteful poems. Most of his work focused on the love and yearning for his homeland, and he was regarded the Palestinian poet of resistance. Over the course of his life, he published more than 30 poetry collections and books of prose, with his work translated into more than 20 languages. Many of his poems were set to music by Arab composers, most significantly Marcel Khalife. Darwish died on August 9, 2008 after undergoing heart surgery in the United States. He was later buried in Ramallah where a shrine was erected in his honour.
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MATCH INFO
Uefa Champions League semi-finals, first leg
Liverpool v Roma
When: April 24, 10.45pm kick-off (UAE)
Where: Anfield, Liverpool
Live: BeIN Sports HD
Second leg: May 2, Stadio Olimpico, Rome
The biog
Date of birth: 27 May, 1995
Place of birth: Dubai, UAE
Status: Single
School: Al Ittihad private school in Al Mamzar
University: University of Sharjah
Degree: Renewable and Sustainable Energy
Hobby: I enjoy travelling a lot, not just for fun, but I like to cross things off my bucket list and the map and do something there like a 'green project'.
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The Sand Castle
Director: Matty Brown
Stars: Nadine Labaki, Ziad Bakri, Zain Al Rafeea, Riman Al Rafeea
Rating: 2.5/5
MATCH INFO
Uefa Champions League semi-final, first leg
Bayern Munich v Real Madrid
When: April 25, 10.45pm kick-off (UAE)
Where: Allianz Arena, Munich
Live: BeIN Sports HD
Second leg: May 1, Santiago Bernabeu, Madrid
As You Were
Liam Gallagher
(Warner Bros)
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The specs
- Engine: 3.9-litre twin-turbo V8
- Power: 640hp
- Torque: 760nm
- On sale: 2026
- Price: Not announced yet
The specs
Engine: 2-litre or 3-litre 4Motion all-wheel-drive Power: 250Nm (2-litre); 340 (3-litre) Torque: 450Nm Transmission: 8-speed automatic Starting price: From Dh212,000 On sale: Now
More Expo 2020 Dubai pavilions:
ABU DHABI ORDER OF PLAY
Starting at 10am:
Daria Kasatkina v Qiang Wang
Veronika Kudermetova v Annet Kontaveit (10)
Maria Sakkari (9) v Anastasia Potapova
Anastasia Pavlyuchenkova v Ons Jabeur (15)
Donna Vekic (16) v Bernarda Pera
Ekaterina Alexandrova v Zarina Diyas
How to help
Send “thenational” to the following numbers or call the hotline on: 0502955999
2289 – Dh10
2252 – Dh 50
6025 – Dh20
6027 – Dh 100
6026 – Dh 200
Match info
Australia 580
Pakistan 240 and 335
Result: Australia win by an innings and five runs
57%20Seconds
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THE SPECS
Engine: 2.0-litre 4-cylinder turbo
Power: 275hp at 6,600rpm
Torque: 353Nm from 1,450-4,700rpm
Transmission: 8-speed dual-clutch auto
Top speed: 250kph
Fuel consumption: 6.8L/100km
On sale: Now
Price: Dh146,999
Scream%20VI
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