# forced job resign



## laly (May 26, 2012)

hi all, i work in dubai as manager. after some dispute with boss , i was forced to resign . untill that time i worked for 1.5 years . i have limited contract period of 3 years. i have given them 30 days notice period. now question is that am i still the employee of the company and will receive salary of this 30 days or not but the employer has told me not to come to office. second they are asking me 45 days salary. is it necessary to give them 45 days salary even if i gave them 30 days notice period. if yes then salary given will be calculated on basic salary or total salary.
please reply. im in deep trouble.


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## BedouGirl (Sep 15, 2011)

If you are on a limited contract and you resign before the end, you have to pay 45 days but I cannot remember if this includes allowances or not. You can go on google and find the UAE LL on line to find it yourself.


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## Gavtek (Aug 23, 2009)

Do you have your passport?


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## laly (May 26, 2012)

no i dont have my passport.


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## laly (May 26, 2012)

will i get 30 days notice period salary or not.


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## shailendra227 (May 26, 2012)

U will if u plan a calm exit


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## BedouGirl (Sep 15, 2011)

As I said above. Not on your contract. Google it!!!


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## pamela0810 (Apr 5, 2010)

shailendra227 said:


> U will if u plan a calm exit


Who are you and can you please make the extra effort to type "you" instead of "u". You are not texting your friend via sms, plus text speak is against forum rules.

Not sure how a calm exit will grant her the 30 days salary. Sounds like a dodgy company to me that holds their employees' passports as ransom. I highly doubt she is going to get anything and will in turn need to pay them 45 days pay.


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## katiepotato (Apr 29, 2008)

Does your contract have a gardening leave clause? If so your employer can require you not to attend work during your notice period and you should still be paid for it. However, given that you will be required to pay 45 days' compensation for early termination of a limited contract, your employer may have decided to withhold the salary for your notice period as a way of covering part of the compensation required. They are within their rights to adjust your final settlement to recover any amounts owed to them. 

I suggest that you talk to your company in a professional manner and ask them what exit procedures will be followed i.e. what your final settlement will be, what will they do with your salary and benefits during notice period, how are they going to handle visa cancellation/transfer etc. We on the forum can advise you as to legal entitlements/requirements but we can't tell you how your employer is going to behave, particularly when it sounds like an acrimonious split. I think we all know that employers in the UAE do not always follow the law because they know that, nine times out of ten, it's not going to be worth the employee's while to fight them. 

Good luck


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## laly (May 26, 2012)

my update. I tried to calm exit. So given notice period 30 days . After 10 days above notice period they asked me 5000 dhs . I paid the amount to hr and submitted my labor card around 3rd july. It has been around 1 month of submission still they r not in mood of cancellation. What can i do now. If i go court may be they refuse of getting money.


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## laly (May 26, 2012)

does anyone know a good lawer in dubai who can suggest me legal prose and cons.


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## 132467 (Aug 2, 2012)

Hello laly,

After reading a little bit about your problem, I began to assume that you must have an excessively friendly personality and can't stand up and demand for what is rightfully yours.

I couldn't help but feel a an urge to help you since it is people like yourself who I repeatedly see in Dubai being mistreated and abused by their employers.

I must also say that it is unfortunate that you agreed to resign, as you have given your employer all the evidence he or she needs to refuse paying you what would have been yours if your employer decided that you needed to go.

I'm not a lawyer, but I can give you an idea of what you would have received depending on the situation.

If you were fired for a reason that is not related to your work performance, but rather because of your employer's personal reasons(assuming your contract has not been completed yet), you would be entitled to several months of pay after resigning and leaving your workplace.

The number of months that you would be entitled for depend on how long you have been working with that company.

If you decide to resign, you must hand in a resignation letter 30 days before doing so, including the date of resignation and your signature as well. It is usually better to keep evidence of such details as I have heard cases where employers deny having received a letter of resignation.

If you decide to resign immediately without a 30 day notice, you must pay certain fines, and I am not sure if there will be a ban on working in Dubai or not (However if you decide to resign while on your probationary period, you will be banned from working for 6 months.)

I don't think it is worth going to court with this, as you have voluntarily decided to resign without a 30 day prior notice, and according to the law in UAE your employer has done nothing wrong.

Unless he or she has forced you to resign with violent threats and you have proof or a witness to back it up at court, or if your employer decided to make you do all these things as a failed attempt of a "Quid Pro Quo" case, I think you would be saving yourself a lot of money and time (at this point since you voluntarily resigned) and I think you are better off shouldering whatever you must go through now rather than putting yourself in a worse situation.

Good luck.

Edit:

Some more information about Limited Conracts:

The limited contract, according to Article 115 and 116 of the Labour Law, is a contract of employment for a limited period of time and if the employer revokes it for reason other than those specified in Article 120 he shall be required to compensate the worker for any prejudice the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate remuneration due for a period of three months or the contract contains a provision to the contrary where a contract is revoked by the worker for reasons other than those specified in Article 121 he shall be required to compensate the employer for any prejudice the latter sustains as a result provided that amount of compensation shall not exceed half the worker's remuneration for three months or the residual period of the contract which ever is shorter unless the contract contains a provision to the contrary.

Article 120 of UAE Federal Labour Law no. 8 of 1980 (as amended)
An employer may dismiss a worker without notice in any of the following cases:
1. If the worker adopts a false identity or nationality or submits forged
certificate or documents;
2. If the worker is engaged on probation and is dismissed during the
probationary or on its expiry;
3. If the worker makes a mistake resulting in substantial material loss for the
employer, on condition that the latter notifies the Ministry of Labour of the
incident within 48 hours of his becoming aware of its occurrence;
4. If the worker disobeys instructions respecting industrial safety or the safety
of the workplace, on condition that such instructions are in writing and
have been posted up at a conspicuous place and, in the case of an
illiterate worker, that he has been acquainted with them orally;
5. If the worker does not perform his basic duties under the contract of
employment and persists in violating them despite the fact that he has
been the subject of a written investigation for this reason and that he has
been warned that he will be dismissed if such behavior continues;
6. If the worker reveals any secret of the establishment in which he is
employed;
7. If the worker is finally sentenced by a competent court for an offence
involving honour, honesty or public morals;
8. If the worker is found in a state of drunkenness or under the influence of a
drug during working hours;
9. If, while working, the worker assaults the employer, the responsible
manager or any of his work mates;
10. If the worker absents from his work without a valid reason for more than
20 non-consecutive days, or more than seven consecutive days, in any
one year.


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## 132467 (Aug 2, 2012)

I couldn't edit my message again for some reason, but here is Article 121 for more information.


ARTICLE (121):

The employee may leave the service without notice in the following cases:
a. If the employer does not fulfil his obligations towards the employee as provided
for in the contract or in this Law.
b. If the employer of his legal regal representative has committed an act of assault
against the employee.


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## BedouGirl (Sep 15, 2011)

I think, as you have now submitted everything for cancellation and paid the dues, you have gone beyond the point of anything to do with money BUT what you can do is to go to the Ministry of Labour and ask their advice. Explain what has happened and what is happening. You don't need to pay out for a lawyer. The MoL will give you the best advice and they can also tell you whether or not you will have a ban. Good luck.


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## fcjb1970 (Apr 30, 2010)

Just as a general statement, and I know it is of no use to the OP at this point. There is no such thing as being forced to resign. You can only be asked to resign. When you look at the laws resigning is usually not a good move, you will get better benefits if terminated by your employer. As an example it is very common in contracts that the employer only needs to pay 1/3 of the EOS if you resign.

If you are asked to resign, say no. Force the employer's hand and make them terminate you.

(This of course assumes you are not being terminated for cause)


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