# Given my resignation,employer playing dirty, threatening court case, need suggestion



## calvinmira (Jul 18, 2013)

Dear Sir/Madam,


I have been working with this company which is located in DHCC for 4 & half years. I had a contract valid between Dec 2008 & Nov 2011 (which had a 3 month notice period & a 6 months competitor clause). This contract has expired on Nov 2011.

After this I signed a new DHCC contract(with 30 days notice period) in Dec 2011 for the visa renewal purpose. I have given my resignation on June 27th with a "one month notice period". My employer is not willing to accept my resignation & pay the dues which i am entitled to receive. I tried to speak to the HRD about my good will exit note but they have threatened me that they will impose a ban & they wont pay my gratuity etc. 


Please assist me in knowing whether such a ban exists? secondly i would like to know whether i need to speak to the DHCC authority or the immigration dept. Thirdly i also would like to know if the notice period of 1 month is sufficient or i need to serve my 3 months (based on the old contract). I have committed to the new company about my joining date to be end of July but my present employers are harassing me & not granting me a release. 

The new company is a Healthcare related company as well. 




Thank you in advance,

Expat


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## Gavtek (Aug 23, 2009)

Talk to Ministry of Labour.


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## saraswat (Apr 28, 2012)

First speak to the DHCC authority, and afterwards also speak with the MOL. 

Dubai Healthcare City |
Ministry of Labour

Make sure to check and keep-safe, copies of your contract (the new one and old one), the notice of resignation (evidencing receipt either via a signature or an email printout etc) and other relevant work related documents, as they would be needed should you pursue this further. For your information, the notice period and all other benefits etc applicable in your case would be per the latest contract and not any older ones. 

The DHCC is a freezone, so even if there is ban it would not apply in the mainland or any other freezone, and would be enforceable only in the DHCC jurisdiction. If your new employer is based in the mainland or another freezone, then you don't need to worry and can basically tell your old employer to go .... themselves. In case your new employer is in the same freezone (DHCC), then a ban might cause issues, best to speak with the DHCC about this though. The non-compete clause would be enforceable everywhere though, but that also depends on whether the clause is drawn up properly and is not some general over-arching b.s.

p.s: Speak to the authorities before doing anything, the above is just for your information.


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## calvinmira (Jul 18, 2013)

Thank you for the info...will check with both DHCC & MOL...


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