# Resigning after working for 7 months, advice needed



## os0871 (Apr 13, 2014)

Dear All,

I would really appreciate if you could help and advice me on my current situation as I have mentioned below. 
I have been working since March 2014 for a private sector company in Dubai on a limited contract. I have signed the labor contract on 3rd April and it has just the basic statements. It does not mention the notice period also.
I have also signed a separate document for the company which states that 
1. "You shall not resign from ABC until after three (3) months from ABC completing our current duties and responsibilities towards our customers, in which you are involved."
2. "Cost of recruitment (visa, recruitment agency fees, bank guarantee, medical insurance, etc) are recoverable from your dues if you resign or leave the company for whatsoever reason, before the end of two complete years of service."

I now want to resign after working for 7 months as I have to be in my home country due to some emergencies. I have no intention of coming back to UAE. 
I cannot give more that 30 days of notice as I have to be in my country urgently. I casually asked the PRO as to how much will the recruitment charges be if I intend to leave and he said about 10000 AED. I don't have that much amount with me to pay.

I want to leave by not paying and with only one month's notice. How and what can I do in order to leave? I am also considering leaving without cancelling the visa. But I might have to come back someday after maybe 5 years for even a visit. I prefer doing things legally.

Any advice will be appreciated.

Thank you.


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## Stevesolar (Dec 21, 2012)

Hi,
Welcome to the forum.
Please read what you have written again - as you contradict yourself in different sentences.
Either you intend to come back to the UAE in the future, or you dont - you mention both options above.
From what i understand of UAE labour law - if you terminate your employment early, then you owe the company the equivalent of 1 1/2 months salary and they cannot charge you visa & hiring fees.
If you really never intend to come back to the UAE - then simply leave after you receive your next pay cheque (assuming you are in possession of your passport - which you should be, as it is against law for your employer to keep it).
Cheers
Steve


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## os0871 (Apr 13, 2014)

Thank you for your reply Stevesolar.

I am sorry for not being clear in my previous post. What I meant is I do not intend to come back to UAE for work. Maybe I might come back for a visit, as I have friends and family living here, that too not anytime soon. 
Thank you for your advice regarding the dues. Does the clause that they have mentioned in the document (which is point 2 in my original post) mean nothing? 
Could you also advice about the notice period that I will need to serve if I go legally?

Thanks


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## omrano (Jul 13, 2014)

Hello os0871,
As steve said, it is against the law that they charge you for the visa and other stuff as well , but still they have a signed document that u agree to return the visa cost.
your best option is to go to the ministry of labour, explain your situation and ask for their advice.
Best of luck


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## omrano (Jul 13, 2014)

I just read the below in the UAE labour Law

"In the event that no notice has been given, the party who ought to have given the notice must compensate the other with the payment of at least 30 days wage in lieu of the notice period"

also 

"Can an employee terminate a contract without notice?

An employee may terminate his contract of employment without notice in either of the following cases (as per Article 121 of the Law):

1. If the employer has not fulfilled his obligation towards him as provided in the contract or in the Law, for instance where an employer does not pay his employee his wages on time."


You can read through the UAE labour law, but still ur best option is the MOL.


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## BedouGirl (Sep 15, 2011)

If you have a limited contract, then you have to pay accordingly. If you have signed a document to say you will pay for visa, etc. costs if you leave before the end of the contract, then you will, in all likelihood, have to pay. Best thing you can do is to call the MoL.


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## os0871 (Apr 13, 2014)

Thank you all for the quick replies. Really appreciate all your help. As suggested, I will visit MOL tomorrow and seek advice.


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## omrano (Jul 13, 2014)

Good luck and keep us updated with what the MOL will tell u.
Someone in the future might be in ur shoes, and this topic might help them.


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