I am an optometrist working in a store. My employment visa was issued on June 12 this year and I am on an unlimited contract. I have since had a new job offer and handed in my resignation letter on December 19, but my employer is saying that he will not let me go. The notice period shown in my offer letter is two months but I want to start the new job on January 20. What is the solution if my sponsor doesn't cancel my visa within this period? If I file a complaint, will the sponsor have the right to request a ban at the time of cancellation? SC, Dubai
If someone’s contract of employment states that they must give two months’ formal notice of resignation then they are obliged to comply with this. UAE Labour Law states that the minimum notice period required is 30 days, but this is a minimum and if a longer period is stated in the contract and agreed by both parties then this is binding and the employer can insist that the full notice period is worked for and the visa cancelled only at the end of this time. If, however, both parties agree the notice period can be shortened, the employer is not obliged to do this even if the employee has accepted another job.
There is no cause to file a complaint against the employer as they have done nothing wrong.
As SC is on an unlimited contract and has had the job for more than six months, he will not receive a ban for changing jobs. The only way he would receive a ban at this juncture would be by leaving his current job without having given and worked the proper notice period, as the lack of ban is conditional on notice being served and both parties being in agreement on this.
Keren Bobker is an independent financial adviser and Senior Partner 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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