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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

Lawyer

I have work visa not residence visa.i want to do...

تم تقييم هذه الإجابة:
I have work visa not residence visa.i want to do job another company i want to leave this job aftarr 9 months. Tell its problem for me or not if i cancel this visa.

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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%

Thanks for joining and trusting us, much appreciated!

We would like to inform you that if you mean the sponsorship transfer, then: Sponsorship transfer in case of the working ID expiry:The sponsorship of an employer can be transferred under this condition: to pay fees of 500, in addition to fees required to transfer the sponsorship in between the company and its branches inside the UAE. 

  • Conditions for a transfer of sponsorship

The sponsorship system is used in the United Arab Emirates to allow a citizen, or company operating within the UAE, to apply at the Ministry of Labour for permission to employ a foreign worker under their responsibility and sponsorship.

A transfer of sponsorship needs to meet the following conditions:

  • a foreigner must have a valid residence permit
  • a foreigner must have a valid labour card
  • no Emirati citizen registered to work is able to perform the same job
  • both the current and new employers agree
  • the worker’s qualifications and expertise match the specifications of the job
  • a specific period has passed since working for an employer, calculated as follows: one year for those with a masters or doctors degree, two years for those with a bachelors degree, and three years for those with no previous academic qualifications
  • Transfer of sponsorship after one year of employment

For bachelors degree holders and other categories you can have a transfer of sponsorship after one year of employment if the following conditions are met:

  • new employer approves
  • a fee of 3,000 AED is paid
  • at least one year has passed with the employer
  • current employer approves
  • Transfer of sponsorship without any specific period of employment

You can have a transfer of sponsorship without being employed for any specific period if:

  • a judicial judgment or ruling is issued for the bankruptcy, liquidation or dissolution of a company or business
  • the Ministry of Labour revokes a company or business licence to employ workers
  • the ownership of a company or business changes
  • a company or business is split up because of an owner’s death, or for any other reason
  • a company or business is closed because of the death of the employer

الرد من العميل

Sponsorship not cahnge .i wnat to leave this company

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:
By mutual agreement of the Parties, provided that the worker's consent is given in writing;
Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
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 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
Article 117
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.
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 (118)
The contract shall remain valid during the notification period referred to in the preceded article and shall terminate on its expiry. The worker is entitled to his full wage for this period based on the last wage, and he should work during this period if the employer requires so.
The parties may not agree on the exemption of the notification condition or to reduce its period, however they may increase this period. 
Article 121
A worker may leave work without notice in one of the following cases:
1-    If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2-    If the employer or his legal representative signs an assault on the worker.
Article 128
A non-National worker, who abandons his work without a valid reason before the expiry of his definite term contract, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.
Article 129
A non-National, who notifies the employer of his desire to terminate his indefinite term contract but abandons his work before the expiry of the statutory period of notice, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.


Article 137
Where a worker under an indefinite term contract abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance pay if his continuous service exceeds three years up to five years, and to the full severance pay if it exceeds five years.
Article 138
Where a worker under a definite term contract abandons his employment at his own initiative before the expiry of his contract period, he shall not be entitled to severance pay unless his continuous period of service exceeds five years.
Article 139
The worker shall be deprived of his end of service gratuity in the following two cases:
a - Should he be dismissed from service for any of the reasons set forth in Article 120 hereof or should he leave his employment in view of avoiding the dismissal there from in accordance with the said Article.
b - Should he leave his employment of his own accord , and without notice in cases other than the ones set forth in Article 121 hereof , and such with regards to contracts with undetermined term , or prior to the completion of five years of continuous service with regards to contracts with determined term

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Doaa Abd El-Jawwad

Doaa Abd El-Jawwad

Attorney

الأسئلة المجابة 80029 | نسبة الرضا 98.7%

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