Question: I started my job in March but want to leave. I have a probation period of six months. Do I need to give notice in my probation period? Is there a penalty to pay? What about visa costs? Will I get a ban, as I will want to come back after the summer? AA, Dubai
Answer: AA is required to give his employer written notice of his resignation. This applies at all times, even if someone is on probation.
One month or 30 days’ notice is standard in the UAE unless a person is intending to leave the country, in which case it can be just 14 days.
This is covered in the UAE Labour Law, which states: “If the worker wishes to move during the probationary period, to work for another employer in the state, he shall notify the original employer of the same in writing within not less than one month from the date of his wish to terminate the contract.”
Also, “if the foreign worker wishes to terminate the employment contract during the probationary period, to leave the state, he shall notify the employer of the same in writing not less than fourteen (14) days from the date specified for the termination of the contract.”
If AA takes up employment with another UAE company, not immediately after leaving this role but within three months of his last day, the new employer will be liable to pay compensation.
Article 9, clause 3 of the Labour Law states. “If the worker wishes to move during the probationary period, to work for another employer in the state … the new employer shall compensate the original employer for the costs of recruitment or contract.”
It goes on to say: “If he wishes to return to the state and obtain a new work permit within three months from the date of departure, the new employer shall pay the compensation stipulated in Clause (3) of this Article.”
No employee is liable for any charges, fees or penalties for resigning. All charges and costs are the responsibility of the employer and they must not try to pass them on.
Labour bans are far less common than in the past but there are some circumstances under which they can apply, for three main reasons:
1. Terminating employment during the probation period without serving the legally required notice.
2. Absconding. If someone fails to report to work for seven consecutive days without approval and the employer files a valid “work abandonment” report, a one-year ban can come into force from the date of leaving the country.
3. If someone is found to be registered under a “fake” or inactive company created solely to sell visas, the permit will be cancelled and a one-year ban applied.
AA can receive a ban only if any of these apply.
Q: I have a travel ban because of not paying a bank loan and credit card debt a few years ago. What I want to know is if I can open a bank account, such as a savings account, with a different bank, if the ban still exists. CW, Abu Dhabi
A: It is not possible to open a standard bank account in the UAE if you currently have an active travel ban. This is because all banks perform mandatory security screenings against national databases.
These are the Central Bank of the UAE, the Ministry of Interior, and local police records.
An active travel ban will show as having an unresolved legal or financial issue, which will result in automatic rejection.
Any outstanding debts must be cleared and the travel ban lifted before any new accounts can be opened.
If there is money for savings, it can be used to repay the money owned so that CW can have the travel ban lifted.
Q: I need to obtain some kind of certificate of good conduct as it has been requested for a new visa as I am changing employer. How do I do this and how long does it take? LE, Riyadh, Saudi Arabia
In Saudi Arabia, a Certificate of Good Conduct is officially known as the Saudi Police Clearance Certificate and is issued by the Ministry of Interior.
For someone who has a valid Iqama (residency visa), the quickest and easiest way is to use the online Absher system.
Login to the portal (absher.sa), go to “My Services”, select “Police Services” and then choose “Good Conduct Certificate”. There is a fee of 200 Saudi riyals ($53), which is payable online.
The certificate is issued digitally, usually within three days, and can be downloaded and printed if required.
If someone wants to apply in person, they can visit the nearest General Directorate of Investigation (Mabahith) office or police station in Riyadh.
For in-person applications the following must be provided: valid passport (original and copy), valid Iqama (original and copy), passport photos (2 to 4, on a white background).
Note that a Saudi Police Clearance Certificate generally does not have an expiration date but it is usually accepted only for three to six months from the date of issue.
Contact Keren Bobker at keren@holbornassets.com or at www.financialuae.com. The advice provided in our columns does not constitute legal advice and is provided for information only
