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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

Lawyer

Hello

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UAE, Abu Dhabi
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إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

 

please provide us with you inquiry in details, and we will provide with the respond as soon as possible according to the mentioned facts. 

الرد من العميل

Asslam wa alaikum, I am working with ADNOC service company, and attended interview and got selected but my current employer will impose labour ban on me for one year sure if I terminate the contract, what should I do

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

Welcome, and thank you for trusting us

It is different whether your contract is fixed-term or unfixed

If your contract is fixed-term, you cannot terminate it unless after the expiration of the contract term

If your contract is unfixed, you must notify your employer before the terminating the contract, depending on the period you have spent with the employer. The UAE Labor Law stipulates that:

Article 113

An employment contract shall terminate in any of the following cases:

  1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
  2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
  3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.

Article 117

  1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
  2. For the daily-paid workers, the notice period shall be as follows:
  • One week: if the worker has been employed for more than six months but less than one year.
  • Two weeks: if the worker has been employed for not less than one

year.

One month: if the worker has been employed for not less than five

years.

According to the given facts and for clarification purposes, we would like to explain to you,

According to the federal labor law in regards of resigning from work without the consent of the employer, it is the two cases

Article 116

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 damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.

 

الرد من العميل

Thank you, I'll explain in detail, I am completing first year with my current employer with limited contract , and I hold bachelors degree, the company I attended interview they offering net salary more than 5000 AED waiting for offer letter , and also it's a competitor company but I gave interview for totally different department, I am sure my current employer impose ban on me if I terminate the contract, whether the ban can be lifted

إجابة الخبير: Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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 damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.

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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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