Contractless UAE employee leaving job on short notice is a tricky legal situation

I worked at a private school from August 2016 to January 2017. I left the job after giving four days' notice because I was not given a school contract or a work permit/labour contract. I thought I didn't need to serve a one-month notice period because there was no signed agreement between myself and the company. I only signed one paper and that was the offer letter. I finished all my work before leaving, but when I went to take my payment for the month of January, I found they had penalised me for not giving them full notice. So instead of them paying me, I have to pay them 26 days' worth of my salary. Is that right? I left because I was working illegally; I had no work permit and no school contract. I know that I can't file a complaint as I don't have a contract. What can I do? JH, Sharjah

This is a tricky situation, as technically both parties are in the wrong. JH may well have been in a probationary period so the employer could have let her go without giving her notice, but the law is unclear regarding the obligations of employees during a notice period. I have always advised people to give 30 days’ notice and then they can ask if they can leave sooner and many employers will accept this.

All employers are supposed to have applied for a residency visa by the time an employee starts work and there is a 60-day grace period to complete the process. If a valid visa is not in place after this time, both the employer and employee are acting illegally and can be subject to fines. Worse, an individual can be deported.

As has been made clear by Ministerial Decree, no employer can seek to recover any costs from an employee should they resign. It appears that in this case the employer is trying to penalise JH for not working a full month on resigning, but as they have not acted properly and responsibly, this is unfair. Sadly, as JH does not have a proper contract of employment lodged at the Ministry of Human Resources and Emiratisation, she has little recourse and cannot make a formal complaint. But she still has nothing to lose by calling the helpline (telephone number: 800 665) as they may be able to assist if she makes it clear she has signed a contract, has been paid and has repeatedly asked for the proper paperwork. The harsh lesson here is to ensure the employer processes all residency paper­work in a timely manner, as without a visa and contract employees are very vulnerable should there be any problems.

I am an employee and want to take leave to get married. Is there is any law for marriage leave? I want 90 days off for this, but the company is giving me only 30 days. Which is my annual allowance? SK, Abu Dhabi

There is no provision in UAE Labour Law for people to take extended leave to get married as that is a private matter. When an employee signs a contract they accept the terms and SK has the standard 30 days of annual leave. An employer may allow additional unpaid leave but that is purely discretionary.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with over 20 years’ experience. Contact her at [e-mail]. 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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