# UAE Labor law



## AsadRoman (Jul 31, 2012)

Dear All,

I would like to have your reviews on my situation i hope so i could get some suggestions.

july 2012 I was recruited in one company as Sales and Communication Engineer and they provided me different visa As sales Executive.
I have been involved in many different projects (LONG terms) since then we finalize one deal. and two projects to be finalized in near future or vice versa.

As for further career growth i have received two job offers and i would like to avail one of them.
My question in my mind is that if i resign at the moment that does my company has the right to ask for my expenses from date of joining? Will i be eligible to pay my expenses (Salaries, bonus,exhibitions fees etc)?

As per my colleague information that when i comes to sales the company calculate the expanses of the employee and make a comparison of sales achieved. If the expenses are more the the sales achieved . he has to compensate the money to the company for the loss.
Can anyone please advice the action to be done?

Please note that my job contract is unlimited.


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## AsadRoman (Jul 31, 2012)

Any Suggestion guys?


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## vantage (May 10, 2012)

AsadRoman said:


> Any Suggestion guys?


what does your contract say?


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## Fat Bhoy Tim (Feb 28, 2013)

AsadRoman said:


> Dear All,
> 
> I would like to have your reviews on my situation i hope so i could get some suggestions.
> 
> ...


1 - You've been with them for more than 1 year, your visa and mobilisation expenses can't be passed onto you.
2 - You've *not* been with them for at least 2 years, so it requires them to provide a No Objection Certificate (NOC) for you to get a visa and work-permit.
3 - The terms of your Ministry of Labour (MoL) contract are final, check with these say as these are the ones that will be enforced in court should you have a problem with them when leaving.

Given how your employer works, until you have completed 2 years I think it highly unlikely they would provide a NOC.


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## saraswat (Apr 28, 2012)

Apart from the great advice above, also talk to the MOL:

Ministry of Labour

Have your contracts/paperwork ready when in touch with them...


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## AsadRoman (Jul 31, 2012)

Fat Bhoy Tim said:


> 1 - You've been with them for more than 1 year, your visa and mobilisation expenses can't be passed onto you.
> 2 - You've *not* been with them for at least 2 years, so it requires them to provide a No Objection Certificate (NOC) for you to get a visa and work-permit.
> 3 - The terms of your Ministry of Labour (MoL) contract are final, check with these say as these are the ones that will be enforced in court should you have a problem with them when leaving.
> 
> Given how your employer works, until you have completed 2 years I think it highly unlikely they would provide a NOC.



Thanks for your input.

My contract mentions that i have to work for the company for 2 years. if not i will be eligible to pay the training expenses overseas.

I have no issue working with the employer till my 2 years ends but just curious about the new company that would wait for 2 more months eep:


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## AsadRoman (Jul 31, 2012)

Hi Guys as an update. I have resigned from my company But my resignation has not been accepted. I am serving now for 30 days notice period. Any Suggestion to go to labor Court?


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## Elphaba (Jan 24, 2008)

According to UAE Labour Law employment expenses are the responsibility of the employer. It doesn't matter if an employment contract says differently as you cannot contract around the law. 

It's common practice for companies to try this one, but they are acting in contravention of the law,

See part of my latest newspaper column here: Mandatory for an employer to cover all hiring expenses | The National


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## AsadRoman (Jul 31, 2012)

Dear Elphaba,

Thanks for your valueable answer.

At the moment am seeking advice whether to go to MOL or Police? As they arent accepting my resignation letter and playing deaf . And now i am receiving threats that i might face Court which would delay things.

Please note that my 2 years will be completed on 7th july 2014 and still i have 31 days pending leave. My last day of work would be 1st of May 2014.

Resignation Decline from Company : We cannot accept your resignation because the projects revenue is not generated.

Please advice


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## rsinner (Feb 3, 2009)

I am not sure what the question is.
- is your issue that the employer is not accepting the resignation? Go to MOL.
- is your question whether you need to reimburse recruitment expenses. As people have said, the answer is No. if you have trouble with the employer, you should go to MOL
- is your question regarding reimbursement of training expenses - Again, check with MOL

As you would see, the answer to any of your question is going to the MOL. You can read the labour laws here http://www.deg.gov.ae/SiteCollectionImages/Content/pubdocs/UAE_Labour_Law_eng.pdf and the column from Elphaba. At the end of the day the MOL is the competent authority.

- Police versus MOL: why should the Police get involved? Have your employers threatened to physically harm you? If yes, then go to the police. Threat of a court process is not a threat the police will get involved in.


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## AsadRoman (Jul 31, 2012)

At the moment i am seeking answer to your first question. Which seems to be answered . 
My Manager didn't accept the resignation and advised my today to send it to General manager of the company. I have sent it to him. Yet to get any reply from his side. If not accepted the only solution to go to MOL.


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## Elphaba (Jan 24, 2008)

AsadRoman said:


> At the moment i am seeking answer to your first question. Which seems to be answered .
> My Manager didn't accept the resignation and advised my today to send it to General manager of the company. I have sent it to him. Yet to get any reply from his side. If not accepted the only solution to go to MOL.


Your manager/employer has no choice but to accept your resignation. It's not optional on their part!

If they are being difficult then you have to raise a case with MoL. Make sure you keep copies of correspondence to back up your case.


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