# resignation without complete 1year



## jame (Aug 28, 2013)

dear guys 

I would like to have an idea if I resign without completing 1 year, my company wont put me in jail or will ask the visa cost? and I can leave without 1month notice? I got idea from my friends but opposite they told me to get emergency leave and don't come back but I feel not fear cause my company is very good to me I want to leave professionally cause I have big problem issue back home.

give me idea guys.... 

thanks and best regards

xxx


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## al_bryant (Aug 16, 2013)

Hi Jame

I can't give you specific advice for Dubai I'm afraid but I'd be very careful with assuming your company will be ok with your plans just because they are good at the moment.

I had a similar situation in Spain where I wanted to leave 6 months into my contract. This would have meant I had to pay back a pro-rated amount of my relocation costs (worked out to about 2500 euros, which I didn't have).

I was confident that the company had broken the contract by not giving me all the information and putting me in a different role and I though they would agree to that. Unfortunately they didn't, and I spent weeks battling with the HR team to the point where I was threatening legal action. In the end my manager stepped in and helped my out but it was extremely stressful.

Just be careful with making the assumption that your company will be ok with what you want to do, and have a backup plan.

Al


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## jame (Aug 28, 2013)

Hi Al

Thanks for your quick reply, yeah its true but I do want to leave the country and never plan to comeback and I cant wait much longer. and I am not in the mood to work at all. in my mind is just to go home. 

I feel very stressed at the moment and I don't want to stay and just waste their money to pay me and my time to stay and not working...


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## uaeexpat (Aug 27, 2013)

Jamie, 

Obviously I don’t know your circumstances and don’t want to know, but simply from a common sense perspective you need to look at the terms of your contract of employment (assuming you have signed one with the company). 

You also have to consider that your company must have invested in employing you and if you leave they will need to find a replacement. So I would say if your company will let you go, because they are a good company, it is more than likely they will want some form of return for their investment, e.g. cost of visa, etc. 

You don’t say how long you would need the leave for or if you are likely to return, which would have some bearing on how your company might react. 

Last but not least, it may well all come down to who has got your passport, because you can’t travel anywhere without it. 

Good luck.


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## jame (Aug 28, 2013)

its not in my contract to pay them back for the cost of visa and ect. i just have a fair maybe they will do it. one thing i don't understand in my company why they should keep my passport, Dubai law is not allowed to keep the employee's personal things specially passport.... 

Anyway thanks for your comment, i hope will be done soon.

Godblessxx


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## JonGard (Aug 18, 2013)

jame said:


> its not in my contract to pay them back for the cost of visa and ect. i just have a fair maybe they will do it. one thing i don't understand in my company why they should keep my passport, Dubai law is not allowed to keep the employee's personal things specially passport....


And yet many, many companies do keep your passport.

I've just left a company with less than a year completed for a better job. I think it's common courtesy that I offered to pay the costs of my flights, visa & medical. So the company aren't losing out (bar getting another person in).

If it is a family crisis (as it sounds), can you not approach a nice member of HR just to get an idea of how the company might act?


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## dizzyizzy (Mar 30, 2008)

jame said:


> its not in my contract to pay them back for the cost of visa and ect. i just have a fair maybe they will do it. one thing i don't understand in my company why they should keep my passport, Dubai law is not allowed to keep the employee's personal things specially passport....
> 
> Anyway thanks for your comment, i hope will be done soon.
> 
> Godblessxx


Although is an illegal practice, companies keep the passports of their employees to prevent them from absconding, yet this is exactly what you are planning to do. 

Just approach your employer, tell them you need to go home ASAP because you have a family emergency, present your resignation letter, and ask them to get your visa cancelled and give you your passport back.


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## jame (Aug 28, 2013)

I can't really think what should I do regarding this case, I do have my personal big big issue to leave my company between and I think is good for me and my company. 

according to UAE law the passport should be at the holder's name not with your employer. 

guys you think is a good idea to ressign or just to go for a few weeks leave and wont come back?


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## dizzyizzy (Mar 30, 2008)

jame said:


> I can't really think what should I do regarding this case, I do have my personal big big issue to leave my company between and I think is good for me and my company.
> 
> according to UAE law the passport should be at the holder's name not with your employer.
> 
> guys you think is a good idea to ressign or just to go for a few weeks leave and wont come back?


Why can't you be honest with them? You say that they are good employer, and that you want to conduct yourself professionally, right? Then just explain your situation to them and present your resignation. Sorry but I don't understand why you seem to think this is not an option rather than absconding.


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## vantage (May 10, 2012)

jame said:


> its not in my contract to pay them back for the cost of visa and ect. i just have a fair maybe they will do it. one thing i don't understand in my company why they should keep my passport, Dubai law is not allowed to keep the employee's personal things specially passport....
> 
> Anyway thanks for your comment, i hope will be done soon.
> 
> Godblessxx


as i understand it, if it is not in your contract, they cannot ask you to pay it.
keeping your passport is illegal.

Contact the Ministry of Labour if they retain your passport or ask for money.


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## jame (Aug 28, 2013)

dizzyizzy said:


> Why can't you be honest with them? You say that they are good employer, and that you want to conduct yourself professionally, right? Then just explain your situation to them and present your resignation. Sorry but I don't understand why you seem to think this is not an option rather than absconding.




I been talking to my boss and i explain everything. i just don't understand why its very hard for me to leave...


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## dizzyizzy (Mar 30, 2008)

jame said:


> I been talking to my boss and i explain everything. i just don't understand why its very hard for me to leave...


Good luck with everything


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## crazymama (Sep 2, 2013)

Hi Jame,

All depends on what you have stated in your contract. For example, mine says that if I leave before I complete a year, I have to pay my visa charges. UAE Labor Law requires you to complete two years of service inorder to avoid a Labor Ban (usually 6months to 1 year). However, should you terminate the contract during your probation period - you avoid the Ban as well as paying the visa charges.

Although I wouldn't recommend the absconding route, I would advise you to formally resign - finish off all your exit procedures and then leave. This way, you will avoid any possibility of prosecution. Note: Should your company wish, they can also lodge a complaint with Immigration, and you will be stopped at the airport prior to boarding and perhaps detained.


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## stamboy (Apr 1, 2013)

crazymama said:


> Hi Jame,
> 
> UAE Labor Law requires you to complete two years of service inorder to avoid a Labor Ban (usually 6months to 1 year). However, should you terminate the contract during your probation period - you avoid the Ban as well as paying the visa charges.
> .


So if you leave a company before completing two years service you are banned from joining another company in the UAE?

Secondly, does that rule expand to other GCC countries (for example if you decided to go and work in Oman or Qatar) or does it just prevent you from getting another job in the UAE?


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## saraswat (Apr 28, 2012)

stamboy said:


> So if you leave a company before completing two years service you are banned from joining another company in the UAE?


If it is a mainland (non-freezone) company then yes, an automatic 6 month labor ban is applied. But this ban can be lifted, provided the new job you are moving to meets certain criteria. The criteria has to do with the job level, wage level etc... For the exact criteria contact the MOL, they will let you know:

Ministry of Labour



stamboy said:


> Secondly, does that rule expand to other GCC countries (for example if you decided to go and work in Oman or Qatar) or does it just prevent you from getting another job in the UAE?


No it applies only to the UAE, also it applies only to the mainland. So if you were to get a job in one of the freezones it wouldn't matter...


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