# Leaving a job without a notice



## hola2005 (Jun 22, 2014)

Hi. What are the implication of leaving a job without a notice? Are there any legal complication to the matter?


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## londonmandan (Jul 23, 2013)

As far as I know If you have a visa then they can lodge an absconding case against you and you will be arrested, if you have no visa then just leave as nothing can be done as a) you are illegally working and b) the company will get in trouble for allowing you to work.


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## twowheelsgood (Feb 21, 2013)

Bear in mind that if you do abscond, and a case is lodged against you, the case stays open until you are arrested - so no returning to Dubai and no going through transit here without being nicked.


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## vantage (May 10, 2012)

i assume your mutual notice period is one month?
why dodge this, for the sake of good relations with past employers, not to mention the legal issues here?

Never burn bridges.

The world is an incestuous place. You never know who you'll meet again, and under what circumstances..


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## mcollins (Jul 10, 2014)

Don't risk it serve your notice period as you could be picked up in any GCC Country that you enter/travel through.


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## BedouGirl (Sep 15, 2011)

mcollins said:


> Don't risk it serve your notice period as you could be picked up in any GCC Country that you enter/travel through.


I don't think this is correct. There is no link between GCC states in this respect. You would, however, be arrested if you even so much as transited through Dubai.


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## Alfred1 (Jan 4, 2014)

BedouGirl said:


> I don't think this is correct. There is no link between GCC states in this respect. You would, however, be arrested if you even so much as transited through Dubai.


Seriously?
So its an actual criminal offence to not service out your full notice period?

So if I decide I've had enough and walk out of work without serving my notice that effectively bars me from ever coming back to Dubai unless I want to see the inside of a jail cell for a while first?

Thats news to me, last time I left a Dubai company I was on leave in the UK and phoned to say I'd decided to call it a day and didn't go back. The director I worked for was my mate and made sure I got my gratuity and a good reference so I suppose they obviously didn't file a complaint but I had no idea that serving your notice was a legally binding agreement enforcable under criminal law.


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## BedouGirl (Sep 15, 2011)

Alfred1 said:


> Seriously? So its an actual criminal offence to not service out your full notice period? So if I decide I've had enough and walk out of work without serving my notice that effectively bars me from ever coming back to Dubai unless I want to see the inside of a jail cell for a while first? Thats news to me, last time I left a Dubai company I was on leave in the UK and phoned to say I'd decided to call it a day and didn't go back. The director I worked for was my mate and made sure I got my gratuity and a good reference so I suppose they obviously didn't file a complaint but I had no idea that serving your notice was a legally binding agreement enforcable under criminal law.


 Perhaps you should re-read what's been posted. The 'offence' referred to in this thread relate to being reported as an absconder. Not every company is going to report you of course but if you ARE reported, then you will encounter these issues. And, if you read what I posted, I was referring to the previous poster stating the person who was reported would be arrested in ALL GCC states if he or she were to so much as transit there, which - to the best of my knowledge - is not correct.


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## TallyHo (Aug 21, 2011)

There's another element we haven't considered here.

If the OP wants to walk away from his job without completing one full year's service, then the company can claim back the visa expenses from his final salary. It will come down to what his contract says and if the OP is liable for visa expenses but he abruptly quit on the day after he received the previous month's salary, he will legally owe his former employers quite a bit of money, and the company can use that to file a police claim against him.



Alfred1 said:


> Seriously?
> So its an actual criminal offence to not service out your full notice period?
> 
> So if I decide I've had enough and walk out of work without serving my notice that effectively bars me from ever coming back to Dubai unless I want to see the inside of a jail cell for a while first?
> ...


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## Alfred1 (Jan 4, 2014)

BedouGirl said:


> Perhaps you should re-read what's been posted. The 'offence' referred to in this thread relate to being reported as an absconder. Not every company is going to report you of course but if you ARE reported, then you will encounter these issues. And, if you read what I posted, I was referring to the previous poster stating the person who was reported would be arrested in ALL GCC states if he or she were to so much as transit there, which - to the best of my knowledge - is not correct.


Sorry, I quoted you in haste, so my comments were out of context with your post.

But the question still remains, if I decide to leave and don't give one months notice (and I'm on an open ended contract with no mention of recuperating visa fees) then have I committed an offence that warrants a jail stay?

My employer has in the past refused to accept someones resignation, meaning they could not move to another company, so even though the person actually gave one months notice it was not accepted or signed, which meant they were effectively trapped.

That aside I didn't realise it was actually an offence just to walk away.


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## Canuck_Sens (Nov 16, 2010)

hola2005 said:


> Hi. What are the implication of leaving a job without a notice? Are there any legal complication to the matter?


Hey I am seeing that you are actually from Ottawa so am I !!!! I am also leaving the UAE.

Listen, is there a way that the concerned person can negotiate a termination ? It is better I find specially if you are not planning to work for the same employer or moving for good. 

But yes the person should not leave the job without a notice. It is really bad as the others have just shared.


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## ExpatnKids (May 2, 2014)

Alfred1 said:


> Sorry, I quoted you in haste, so my comments were out of context with your post.
> 
> But the question still remains, if I decide to leave and don't give one months notice (and I'm on an open ended contract with no mention of recuperating visa fees) then have I committed an offence that warrants a jail stay?
> 
> ...


The legal issue here is the fact that when you leave a job for any reason (termination, resignation, contract over, walking away), you have to follow due legal process in order to_* cancel your visa*_. If you dont cancel your visa, then you are in limbo, even if your visa has expired. Your company must cancel your visa the proper way. Now them doing so depends on the way you part. If, as you said, you just decide to walk away, and not show up to work anymore, your visa situation will be stuck. And if your company is upset at the way you left, they could file an absconder case against you, as legally, you are still under their visa/employment.

That said, technically speaking, leaving without a notice period could be a violation of your contract, but that violation could be waived if your employer agrees to it. So bottom line is, if you want to leave, have a chat with your employer, and make sure you are on the same page before walking away.


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## twowheelsgood (Feb 21, 2013)

And remember that your employer cannot refuse to accept your resignation - if they say that, then suggest you'll take it up with the Ministry of Labour and lodge a case.


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