# Breaking Temporary Job Contract



## PaulaMaria (Feb 12, 2011)

Hey All.

Anyone has experiences about breaking a temporary contract ( for example 2 years contract after 1 year etc )? No freezone area.
I know that most likely there will be a ban.

Is there any money to be paid for the Visa or something like that....? What problems may occur ? Anyone has a own experience ? 

I am just wondering is there any sense to sign this kind of contract...because you never know what happens in the life and I want to be free to go if needed.

I am most likely moving to Dubai in October and I would appreciate your kind answers 

Br. Paula


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## katiepotato (Apr 29, 2008)

Hi there

There are two types of employment contract in the UAE - unlimited (i.e. permanent) or limited (fixed term for a maximum of four years). I assume by "temporary" you mean the latter. 

Your employer should always cover the costs of sponsorship i.e. obtaining your residence visa and labour card. There's nothing specific in labour law that prevents them from asking for these costs back should you leave, but in my experience it tends to be only smaller local companies who would do this. 

The laws around visa transfers were updated earlier this year and automatic bans should no longer be applied when someone resigns; this should only happen if the employer requests a ban because the employee has violated the terms of the contract. Having said that, the new laws don't seem to have filtered through to the guys in the Ministry of Labour yet - I've heard of people who have tried to switch employers recently only to be told they have a ban. It is usually possible to have a ban lifted providing you/your new employer was willing to pay a fine. 

In terms of problems that may come up - labour law states that if a limited (i.e. fixed term) contract is terminated by the employee for reasons other than those stipulated under Article 121 of the Law, the employee will be liable to compensate the employer against any loss resulting from the termination. The amount of compensation payable is calculated on the basis of the employee’s salary for one month and a half or the salary payable for the remaining period of the contract, whichever is less, unless the contract states otherwise.

Article 121 reasons for termination cover circumstances under which the employer has not fulfilled his obligation towards him as provided in the contract or in the Law e.g they do not pay an employee's wages on time, or if the employee is assaulted by the employer or his legal representative.

So technically if you decide to leave because you have a better offer / don't like your job any more, your employer could ask you to pay them compensation as decribed above BUT depending on the circumstances they may be happy to let you go. That would be up to the employer and employee to negotiate at the time of departure. 

It's not possible to give an answer for every company / every situation but this should give you an idea of the legal rights available to the employer and employee. 

Good luck with your job hunt!


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## PaulaMaria (Feb 12, 2011)

Thank you very much for you information. It was extremely helpful  Let see what kind of contract I am going to be offered


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