# Need to resign. What do I need to know please?



## BenCh1 (Jan 30, 2013)

Hi guys,

Complicated situation here. I'm a British citizen. My UK-based employer has a subsidiary company registered in Dubai. I signed a new contract to get some more money by becoming an employee of their Dubai office.

After I arrived, I found out they had sent me just on a visitor's visa (normally when they send me abroad they've been good at organizing the right type of visa to work). Since then they've been slow to get me a resident's visa and it's only half done.

My problem is that I need to resign because of various problems, most importantly, they haven't paid me my salary, overtime, or expenses for three months. I have offers of two more jobs in Dubai already, and both are able to get me a working visa of my own, so I'd like to stay here in the UAE for a while longer.

But what if my company doesn't settle the final amount they owe me when I resign? If they don't, is my legal position strong or weak? I think it's strengthened by them not paying me, but weakened by me not having a proper visa yet. My company directors are not rich or well connected but they are stubborn and vindictive.

Any advice on where I stand, what I'm entitled to, or how the law here would view my case?

Many thanks


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## Elphaba (Jan 24, 2008)

One for me as I answer these types of question in the press every week.

Strictly speaking an employer has 60 days to obtain a proper residency visa for an employee. It's not ideal that you don't have this, but still largely the employer's fault especially if you have evidence stating that they were sorting this out for you. I take it you have a proper contract setting out full terms of employment?

If you have not been paid, then you need to make a case at the Ministry of Labour. The company is legally obliged to pay you and whilst it can take a while the law is on your side here.

When resigning, you must ot sign anything confirming payment has been made or that will void any acse you make. Ordinarily you could receive a ban for resigning a short while into a contract, but not if the employer has not paid you. If you had been there for 12 months you would have received a reduced end of service gratuity.

As there is no visa to be cancelled or transferred, you will be able to start working for a new employer quite quickly, although you ought to work a notice period, despite the law being rather vague on this point in your circumstances.

I strongly suggest you contact the Ministry on 800 665, but also feel free to contact me (see contact info on link in my signature line) for more advice.


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## BenCh1 (Jan 30, 2013)

Thank you very much. I appreciate your insight and excellent insight. I might come back to you when I've got my visa sorted and am ready to resign. I don't actually have written evidence of the company saying it would sort out my visa. They just normally do so I assumed they would. Is that going to weaken my position?


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## mark001 (Apr 10, 2012)

BenCh1 said:


> Hi guys,
> 
> Complicated situation here. I'm a British citizen. My UK-based employer has a subsidiary company registered in Dubai. I signed a new contract to get some more money by becoming an employee of their Dubai office.
> 
> ...


I am afraid legally you have little option as working on a visiting visa is illegal both for employer and employee.

As you plan to resign in 3 months your employer can certainly tell you that they had spend some money for bringing you to UAE from UK and now they have to look for someone else to replace you.
Best thing is to tactfully deal with your employer and see how much they can pay you. without salary paid how can you live in a expensive city like Dubai?

Also do not ignore the offers you have in hand.


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## Elphaba (Jan 24, 2008)

mark001 said:


> I am afraid legally you have little option as working on a visiting visa is illegal both for employer and employee.
> 
> As you plan to resign in 3* months your employer can certainly tell you that they had spend some money for bringing you to UAE from UK and now they have to look for someone else to replace you.*Best thing is to tactfully deal with your employer and see how much they can pay you. without salary paid how can you live in a expensive city like Dubai?
> 
> Also do not ignore the offers you have in hand.


As I said earlier, it is not illegal if a visa application is in hand and there is a grace period.

An employer cannot ask for an employee to repay any visa costs unless the employee has agreed to this in writing as UAE Labour Law expressly states that these costs are to be borne by the employer.


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## Elphaba (Jan 24, 2008)

BenCh1 said:


> Thank you very much. I appreciate your insight and excellent insight. I might come back to you when I've got my visa sorted and am ready to resign. I don't actually have written evidence of the company saying it would sort out my visa. They just normally do so I assumed they would. Is that going to weaken my position?


It is the employer's responsibility to organise your residency visa and labour card, but you said in your original post that it is 'half done' so presumably there has been some form of communication to this effect? if you have been told by them that they are sorting it out (preferably in writing or email) your case is stronger as you have acted in good faith.


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