# Employer forcing me to resign instead of terminating..



## CodeBlue (Nov 25, 2012)

Hi, I've been totally bogged down trying to get sound advice regarding this issue. My employer(private llc company in Dubai) wants to terminate people in the company (to avoid paying all the benefits that were agreed to at the time of limited contract signing 1 year & 2 months back. they cheated us with false promises). I've been informed as to being one of them. Situation is that they are forcing me to resign by providing an option to either work for half the salary in another totally run-down division or resign and leave. Problem is if I resign then they will not pay me all my dues plus will charge me visa money etc. Also I will get a 6 months ban and will not be able to take up another job even if I struggle and get one. This my employer knows and hence is deliberately making everyone resign without any talk of termination (as that might show the company in bad light at the Labour Ministry).

Can anyone help me with advice as to how I can avoid being forced to resign or taking their horrible division transfer offer (that too they will make a new contract for that again) when they just want to terminate people. Is there any place or rule that will sort this out without faulting me with a ban for no reason?


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## rsinner (Feb 3, 2009)

DO NOT RESIGN OR SIGN ANYTHING.
If it is a limited contract, there would be implications in terms of compensating the employer. They also cannot force you to take a pay cut. They have signed a contract, and if they want to get out of it, then they need to terminate it properly. They can of course give you crappy work etc. but they cannot now amend the salary which is there in the contract unless YOU sign on a new piece of paper (which I hope you won't). 

Also you could contact the Ministry of Labour and either just consult to know your options, or even lodge a complaint with them. Whatever it is, in case you do not want to look for a new job, just put your head down and DO NOT RESIGN OR SIGN ANYTHING for the remaining duration of the contract.

For your reference, this is the labour law http://www.deg.gov.ae/sitecollectionimages/content/pubdocs/uae_labour_law_eng.pdf and just go through the sections pertaining to the end of service remuneration ( Chapter VII) related to limited contracts. 

Remember, do not get intimidated.


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## CodeBlue (Nov 25, 2012)

Thanks so much for that info. My employer has a lot of "wasta" if you know what I mean. But as with another of my colleagues, even though she refused to resign, they forcefully made her resign and she did it as she was on her husband's visa .but Im on their visa and they're resorting to this instead of terminating.


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## indoMLA (Feb 6, 2011)

Don't sign. Lodge a complaint and tell others that are getting this 'proposal' to do the same. Also, get everything they want you to do in writing... Good Luck.


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## Gavtek (Aug 23, 2009)

They can't force you to do anything.

Have they given you anything like this in writing, either e-mails or a letter or something? If so, tell them you'll go to the newspapers, 7Days or something might print a story about what's going on.

And definitely inform the Ministry of Labour, especially mention any threats about usage of wasta or "making like difficult for you".


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## saraswat (Apr 28, 2012)

This article from the Khaleej Times has some pretty good information relevant to your circumstances (specifically the first question posed):

Termination possible only for reasons specified by law

Hope everything works out, no matter what, stay strong, good luck.....


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## CodeBlue (Nov 25, 2012)

thanks guys for that..well it seems like this ones going to be a showdown of sorts at the end. Well actually the wasta they're supposed to have is at the labour ministry. Besides I always hoped that I could leave the company on friendly terms because I value employer references a lot but sometimes some employers are just sadistic whackos who like to belittle & degrade employees. thnx Saraswat...as per the article if I do resign (or rephrasing that - made to resign) then I'll get a 6 months ban. Earlier years this ban used to be circumventable but now they're not. Sad these rules.


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## Canuck_Sens (Nov 16, 2010)

It is a balance act if you think about it, if you are able to get a new job fast you may prefer to look into leaving the company amicably. Better start off fresh rather than having a six months ban with no salary, right?

What your employer is saying is pretty much this; we are in a bad shape, downsizing and yes we would like people to resign because it is better for us. If they have no funds to pay your benefits then what? I am here thinking out loud, but this may be the case. You never know. 

There are several ways to convey the message without threatening. After all you are gone either way, they could actually try helping to relocate you, but I don't believe that this kind of maturity exists in this market


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## CodeBlue (Nov 25, 2012)

true very true. In Dubai maturity of that level is associated with the best places to work in and equated to professionalism. Sadly professionalism is one thing that dubai hasn't really got a hang of in the job market it seems. Just to update all, I did check at the Labour ministry and one local at the "info" desk told me that this is something the labour will not look into unless there are more than 4-5 employees who can make the same complaint against the company. Also they said that if a six months ban does come into effect it will not be removable by almost all free zone authorities unless i get - "lucky". my employer is pretty cunning and is removing people with a gap of 15 days between each so that laid-off employees are kept apart by time and job-searching constraints. 
Luckily this is not the end of the world being in dubai and im sure there'll be something somewhere which will not let the employer overwhelm me with this ban and resignation thing.


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## Canuck_Sens (Nov 16, 2010)

CodeBlue said:


> my employer is pretty cunning and is removing people with a gap of 15 days between each so that laid-off employees are kept apart by time and job-searching constraints.
> Luckily this is not the end of the world being in dubai and im sure there'll be something somewhere which will not let the employer overwhelm me with this ban and resignation thing.


Yup, there is always a hole in the framework that can and will be exploited. It is a loophole that ALL companies will exploit. As you figured, I guess, you have not much of an option. It is a choice you will need to make. Either leave with no ban or fight. If you do fight and get a job they can make things tough on you with a ban, right? Only you know the answer to that question. You know your employer, but given what I read things are tense now. 

It is a hard choice to make. As you said there is job search constraints like time.

You should start looking for a job ASAP I know you are, and; try to do it in good terms with your soon to be ex employer unless you have lots of benefits waiting for you to make up for at least 6 months. In this case, I would expect you to have several years of service in the company.

This is where you start assessing the costs. Vs benefits. If you do accept that the job is gone and the behaviour of your employer, what is your best outcome ? You gotta think about all your potential costs and time for this. I mean it you gotta dig.

I am sorry to hear your case, but I don't see your employer breaking the law ( with evidence) based on what you just said.


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## Chocoholic (Oct 29, 2012)

Well ok why not think about this. You could tell them that you will resign - ONLY IF they give you and NOC to be able to work for another company, so that no labour ban is enfocred.


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## eijkenboom (Nov 26, 2012)

In case it concerns more persons in the company, then get organized, file a complaint together and perhaps you can share the same lawyer to back you up in advice while sharing the costs.


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## CodeBlue (Nov 25, 2012)

Does anyone know how the new rule of the six months ban affects people having a Limited or Unlimited contract? I was told if it's an unlimited contract then it's ok to have worked just one year with the company while if it's a Limited contract then it's mandatory to work 2 years with the company before you can resign and not get a 6 motnhs ban. Can anyone clarify this?


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## rsinner (Feb 3, 2009)

Visit the Ministry of Labour ! I hope you are not planning on resigning. 
The rules keep changing or are applied inconsistently - hence best to check with MOL. From what I have heard, they are very helpful


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## Elphaba (Jan 24, 2008)

CodeBlue said:


> Does anyone know how the new rule of the six months ban affects people having a Limited or Unlimited contract? I was told if it's an unlimited contract then it's ok to have worked just one year with the company while if it's a Limited contract then it's mandatory to work 2 years with the company before you can resign and not get a 6 motnhs ban. Can anyone clarify this?


I suggest you contact me if you want a Q&A in the main UAE newspaper. See the link in my signature below...

If you are made redundant that you never get a ban.


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## CodeBlue (Nov 25, 2012)

Thanks elphaba for the gesture...will email you...Im trying to get a copy of my contract just to see what it is. It seems like getting a contract copy from these guys would be more difficult than getting contraband into the country!!


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## rsinner (Feb 3, 2009)

why dont you have your contract with you? you should ALWAYS have one copy. In any case, if it is the labour contract you are looking for, you can find it on the MOL website. Ministry of Labour I think this is the link, but I dont have my labour card right now so cannot check. But I have definitely seen my labour contract on the MOL website earlier.

and sorry for repeating myself, but DO NOT RESIGN. If the situation is still the same, PLEASE do not resign. These people are never going to help you in the future so there is little point in not burning bridges if that is what it takes for you to fight for your valid rights. Do not get intimidated, and for all its faults Dubai still has a rule of law (mostly) and not a jungle like India. You have the law on your side in the form of the contract.


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