Tuesday 18 May 2010

Notice period


A reader from Dubai asks: I have worked in a company for more than five years on an unlimited contract. Last year, I signed a contract for limited period with the company; presently I am compelled to leave work due to the availability of job with another company. My question is: Am I obliged by law to provide the employer with a month’s notice prior to leaving? What shall I do if I leave work immediately without notice? Am I entitled to transfer to a new company without the need for No Objection Certificate from the sponsor? I completed more than three years with the present sponsor. Please advise and guide me in this regard.
I would like to advise the questioner to not break the limited-period employment contract otherwise he will be against the Labour Law and the employer might apply to the Ministry of Labour for a one-year ban on the questioner.
Also, the questioner might owe the employer an amount equivalent 45 days’ worth of salary if it is proved that the employer had been affected by the termination of such contract. Moreover, the questioner might lose his entitlements including the end-of-service gratuity, excluding the annual leave. Finally, I would tell the questioner that if he is compelled to quit the job, he is not obliged by law to notify the employer since the limited-period contract does not require a notice.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

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