# Want to resign, employer playing dirty, threatening court case, need suggestions



## spetsnaz (Aug 24, 2011)

Hello Expats,

I joined a company in February this year and now I want to leave as I have a better offer in a much better company elsewhere. The company I joined is a very small organisation (5 employees) and the owner, not the local but the Indian partner is a very, very cunning and cheat of a man.

I joined because of huge promises made by him and then in the next few months he fired 2 people from the existing staff and made me do their work as well as mine. I did everything without complaining but now I want to leave this sh*t hole where I have no future and join a big respectable company. I was also promised a health card which I never received. I have a 2 year limited labour zone contract and I'm still in my 6-month probation as mentioned in the contract. I have formally resigned from the company via email and attached a PDF of my resignation letter as the Indian partner who runs the show never comes to office. 

Now the PRO says the partner has told him not to cancel my visa and he gave me two letters on a company letter head with a 'non-disclosure' and a 'non-competition' clause which he wanted me to sign. Those clauses are not mentioned in my original labour contract and I refused to sign them as they were not discussed at the time of my joining. 

I have accepted an offer from a freezone entity at a salary which is a 50% increment from what I'm getting here. Also, I have a proof of me wanting to resign and I have expressed clearly that I will serve a notice period of one month.

Today my PRO said to me that the partner has told him to file a court case. What I dont understand is that what case can he file against me? Also, if I want to leave and join a freezone company, how can I make this company cancel my visa? 

Thanks guys


----------



## Thinkinghat (Jul 9, 2012)

Immediately file a labour complaint with the ministry of labour against the employer.


----------



## rsinner (Feb 3, 2009)

1. DO NOT sign anything
2. They cannot file any case, unless they can make up a cause. However, as you are in a limited contract, there might be certain penalties (I don't know) + possibility of a labour ban (again I don't know), but since you are joining a freezone company there may be no ban (again I dont know). I have been thoroughly confused about various labour law related articles in Gulf News and the actual practices
3. Read the labour law - knowing your facts makes life easier. http://www.deg.gov.ae/sitecollectionimages/content/pubdocs/uae_labour_law_eng.pdf
4. Talk to someone in Ministry of Labour. Though they have a helpline, do go in person.

I don't know your personal situation, but certainly if they brought you over from India, and if you worked here only for 5 months, I am sure they will feel a bit p!ssed. Anyways, its probably a messy situation, but don't feel scared. All the best!


----------



## spetsnaz (Aug 24, 2011)

rsinner said:


> 1. DO NOT sign anything
> 2. They cannot file any case, unless they can make up a cause. However, as you are in a limited contract, there might be certain penalties (I don't know) + possibility of a labour ban (again I don't know), but since you are joining a freezone company there may be no ban (again I dont know). I have been thoroughly confused about various labour law related articles in Gulf News and the actual practices
> 3. Read the labour law - knowing your facts makes life easier. http://www.deg.gov.ae/sitecollectionimages/content/pubdocs/uae_labour_law_eng.pdf
> 4. Talk to someone in Ministry of Labour. Though they have a helpline, do go in person.
> ...


They didn't bring me over from India, I was already working in Dubai. Also, I was lied to about a lot of other dealings of the company which I discovered later on. Anyway, I'll speak to someone at the ministry of labour and see where I stand.


----------



## Thinkinghat (Jul 9, 2012)

Further to my post earlier, to the extent you are able to successfully file a complaint with the ministry of labour, you could then make an application for cancellation without sponsor's consent.


----------



## indoMLA (Feb 6, 2011)

Like the others have said, do NOT sign anything.... Make the Indian partner show up and justify his retarded behavior.....


----------



## spetsnaz (Aug 24, 2011)

The PRO told me that the owner wants to file an immigration ban on me and not a labour ban. He even called up the other company who is hiring me and gave them beef for their 'unethical' behaviour for offering me a better position and more money.

Is it possible for them to get an immigration ban on me? If so, how? Is this just some threatening talk or can they ban me from entering the UAE for breaching my labour contract and resigning from my position?


----------



## indoMLA (Feb 6, 2011)

You told him where you were going? Damn, why?
I heard stories like this where the employer calls the new potential employer and gives them grief and the new potential employer doesn't want the headache so he doesn't hire you, then you are forced back to old employer who promptly fires you.... 
If you are looking for a new job, keep that to yourself... no need to tell anyone.


----------



## spetsnaz (Aug 24, 2011)

indoMLA said:


> You told him where you were going? Damn, why?
> I heard stories like this where the employer calls the new potential employer and gives them grief and the new potential employer doesn't want the headache so he doesn't hire you, then you are forced back to old employer who promptly fires you....
> If you are looking for a new job, keep that to yourself... no need to tell anyone.


He snooped around and found out. I didn't tell him. But the bottom line is that he knows. My only concern is the immigration ban. He is now taking this too damn personally. I have already signed the contract with the new free zone company, can they just cancel it if this guy tells them sh*t?


----------



## rsinner (Feb 3, 2009)

Never heard of anyone banned from entering UAE due to a labour issue. They CANNOT do it.
Theoretically the new company can can cancel the contract. In case they ask you, talk to them and tell them you are sorting it out. Otherwise, there must be at least one guy who you probably would report to/work with - talk to him informally (don't be direct about the issues, bring it up and gauge if they consider this an issue)


----------



## ambily (Jun 25, 2013)

this happened in 2012 and now almost the same thing happened to my husband also.when he left the company and joined in a new company,the ex- employer came to know that it by his spy work and then filed a cheating case against him.now we are behind that case.spending a lot of money and time and mental pressure also.i wil never recommend anybody to join that company.such a crooked and heartless local man is the owner of that .


----------



## affiekaap (Aug 13, 2013)

Hello spetsnaz

O my hat, I have just been through exactly the same as you except that I have no contract and that my salary has been paid late every month (and offcourse those promised amounts my employer promised me was never paid, i received less than half of what was promised) 

I received a sms this morning saying a complaint has been issued against me (for what I do not know as I didn't do anything wrong)

What happened to you? can you give me any advice??? Please.

PS I resigned 3 days ago, should I in this case go and lay a complaint against her for paying me late?

All replies appreciated guys!!!!!!!!


----------



## uzena (May 28, 2014)

DEar members, kindly advice me what to do, my employer has terminated the contract after 10 months , the employer has refused to pay the benefits and i have failed a complain to dmcc as the company is free zone, after a meeting with dmcc we were agreed to compromise and she had to pay less amount , but after a day she sent an email , that based on performance she refusing to pay, but she has no prove of the performance and she playing very dirty , lying to dmcc, in the mean time she wants to close the visa and already applied for cancellation. what i can do in this case , coz seems like we need to go to the court , but its a long process and i have to apply for a new visa for another job.


----------

