Can I cancel my employment visa at the nearest immigration office within days of resignation, so in less time than the one-month notice period required in my contract, and still be eligible to receive my gratuity? I have been employed by the company since February 2015. I have found alternative employment in Canada and need to start immediately. ML, Dubai
The terms of ML’s contract state that one-month’s notice is required to leave service so as he accepted the contract of employment, he must also accept and comply with these terms. An employer has the option to allow someone to leave sooner if it suits them, but the employee does not have any right to a shorter notice period. He is employed in a free zone, so the free zone itself is his sponsor, but he cannot just go and cancel his visa without employer approval. The process of cancellation should be initiated by the employer and due process must be followed. Leaving without having worked the required notice period can lead to an absconding case and a ban on either entering the UAE again, or the ability for future employment. Non-cancellation of a visa can also lead to future issues on attempting to re-enter the UAE.
Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE.
The advice provided in our columns does not constitute legal advice and is provided for information only.
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