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Hi there, I dont know if this post is till active but would really appreciate any help i could get for the situation

I joined a company here on 1st aug on a unlimited visa( contract). But i am highly dissatisfied with my job profile( which isnt what was promised) and i want to leave my job. I want my last day of work to be 31st jan 2011( 6 months exact). I want to give my 1 month notice on 31st dec 2010. i looked up( administration dept) i have 7 days of leave remaining( can i use that so that i can give my termination as 31st dec but stop work by 21st jan 2010.( remove 7 days from the 30 days termination period)

I do know i will be banned( a risk i am ready to take as i am extremely dissatisfied with my job) but ( very important)will i get the salary of the last month( from dec to jan, after giving my resignation)

what are the risks besides a ban by the company on me, i will be leaving the contry anyways so i am not bothered about the ban, i am just bothered about the last month salary, and if i can use the 7 days of leave as the last days of termination of my contract. And hopeful of getting a certificate saying i worked in the company for 6 months( NOT NOC, just a notice on a letter head he worked( maybe a bit optimistic?)

I am forced to take this step as i have acquired a masters from the US and 4 other certifications but my present job is almost a data entry job, and i am stuck and rather would leave the job then to get NEGATIVE experience on my resume

PLEASE HELP!!

Note: official probation period in my company is 6 months, though unofficial is 3.

hi there,

Your probation period would be the one that is printed on your official labour contract (the "unofficial" one would not be recognised). if it was six months you may not have to give a months’ notice - as during this period services can be terminated with 24 hours notice (by either party).

If it is 6 months you may not be entitled to any leave, or only a very small pro-rata percentage of it.
The easiest way to ensure that you receive your full dues is to not sign your labour cancellation form until you have received full payment - in fact the cancellation form states that you have received full and final settlement, so by signing it (prematurely) you may forfeit any chance you have of getting them.

I would suggest that you ask an approachable person in your HR department to try and give you a rough idea of what your final dues are supposed to be.

Don’t expect any gratuity payment, and yes you would be banned (6 months) from applying for a work permit.

Your other option may be to go to the labour department with your original “offer of employment” from the company and any other substantiating documents that you may have (such as a copy of the employment advertisement), explain to them that you were employed under false pretences and that you would like the opportunity to move sponsors without the ban, I do know of this avenue being successful in at least 2 instances

coold wrote:Hi there, I dont know if this post is till active but would really appreciate any help i could get for the situation

I joined a company here on 1st aug on a unlimited visa( contract). But i am highly dissatisfied with my job profile( which isnt what was promised) and i want to leave my job. I want my last day of work to be 31st jan 2011( 6 months exact). I want to give my 1 month notice on 31st dec 2010. i looked up( administration dept) i have 7 days of leave remaining( can i use that so that i can give my termination as 31st dec but stop work by 21st jan 2010.( remove 7 days from the 30 days termination period)

I do know i will be banned( a risk i am ready to take as i am extremely dissatisfied with my job) but ( very important)will i get the salary of the last month( from dec to jan, after giving my resignation)

what are the risks besides a ban by the company on me, i will be leaving the contry anyways so i am not bothered about the ban, i am just bothered about the last month salary, and if i can use the 7 days of leave as the last days of termination of my contract. And hopeful of getting a certificate saying i worked in the company for 6 months( NOT NOC, just a notice on a letter head he worked( maybe a bit optimistic?)

I am forced to take this step as i have acquired a masters from the US and 4 other certifications but my present job is almost a data entry job, and i am stuck and rather would leave the job then to get NEGATIVE experience on my resume

PLEASE HELP!!

Note: official probation period in my company is 6 months, though unofficial is 3.

Thanks a lot DXBSOUL. pretty usefull info on this forum

I looked up on my employee handbook, and it states that either party needs to give a period of one moth notice to leave the job. Does that apply to a job after getting the confirmation letters?( stated in the handbook, which will be givin after the 6 month probation)

I would really not want to leave a job which is giving me some income, but if the job is going to be a negative experience on my resume, i wouldnt want be stuck in it.

1) I know every company has diffrent rules of operation but will it be possible to get a letter from the company stating that i have worked for 6 months in the company?( this will help me to prove i wasnt just sitting around and have a certificate of sorts for my next employer, going back to the states)

2) In my handbook, it states taht the company gives out salaries on the last week of every month, does this rule apply to employes who are on probation period too?( if i give a short notice that i am leaving)

3) what should be the acceptable notice period on humanitarian grounds, cause after i leave the company my department does have a shortage of employees.

4) If i give my resignation, will i be forced to pay my visa/labor card charges? Can they withhold my salary if i refuse to do so? can the company force me to pay the charges( even if it is not mentioned in the handbook)

5) IF i decide to pay the charges, will i still be banned?( but i would rather be banned and not come back, cause i need the money more than the job)

Like you said, most of the questions are pretty much dependent on the individuals company, but to tell you the truth, i would rather gather as much information as i can, personally, cause if i go and ask the administration department, its turns out to be a HUUGGEEE GOSSIP point for everyone around( which i want to avoid as much as i can, this i am talking out of experience, as it was a huuuge deal that i had come from the US to be emplyed here and was a gossip point almost in all departments( and i wasnt comfortable with that)

thanks a lot in advance, you knowledge/opinion is highly appreciated by me and by a lot of people on this forum.

-- Mon Dec 13, 2010 8:50 pm --

any help here please?

To: DXBSOUL

Hi! You seemed very knowledegable on the UAE laws... I just need your advice and help regarding my issue.

I have been working for my current company for 8 months. The first three months were fine until I I figured out that I just made the biggest mistake of my life by signing a contract in this company. I have a very difficult boss to deal with, and so is his right hand person. We get scolded almost everyday without any reason, we work 10 hours a day wherein in the contract it only states 8 hours (we are not given overtime pay as per labor law), they cut our holidays for example the eid, from what I know each one is entitled to a 3-day holiday (for private offices), my boss deducts absences caused by sickness even with medical certificate, he gives no consideration at all. I have been given all the work that my colleague left when she resigned from the company but still there is no increase in the salary. What triggered my was that, I was asking permission to go to lunch but he refused to give me. Instead, I got scolded for it.

I decided to file my resignation last end of January to conform with the one month notice (for unlimited contract as per labor law). My boss said I have to pay all the visa expenses that he paid for my employment (I agrred to that just to leave this company), we have to find a replacement for me which we did just last week. The problem is, my boss sent my replacement to exit dubai and told her to wait for her visa there. Until now, they are not arranging anything for her visa and as for me, I was told by my boss that I can only leave the company once she returns from exit. He is making a lot of stories as to why he could arrange for the visa of this lady.

Can you please guide me as to what I can do now? I have found a job in the freezone area and they are waiting for me until the 2nd week of March. Iam afraid that my boss in my current company will not cancel me and then I might lose the freezone job.

What can I do about this? Thank you for taking time to read my post. I hope I can get a reply from you.

UAE EMPLOYEE

Hi there,

Difficult situation.
Basically you have done everything as required by labour law. I would suggest that you tell him that you have contacted the labour department (which you are entitled to do) and explained the situation to them; they have advised you that the your employer is to cancel your work visa immediately (as per law and the 1 month notice period) and allow you to leave.

It is not your job or responsibility to find a replacement for your position – the onus is on your employer to do this.

Obviously by doing the above you can expect to be shouted at again – there is really nothing you can do about it. Although if you are prepared for it then it does help.

If the above fails to work then your alternative is to actually go to the labour department. You will need to take a copy of your contract as well as a dated copy of the resignation letter. Type up a brief history and time-line of all the events leading up to you resigning, as they will as you for the details. What will probably happen then is they will issue you with a notice for your employer to comply with a Federal Notice within a given time, they may even phone him – which normally helps.

Make sure you keep your passport with you as well – until it is required for the cancellation. If he is with holding it, then it is even more in your favour as this is illegal.

You may find that he is unable to provide the new person with a visa at present as the company registration may have lapsed, or that the company Labour Employment status has lapsed, or that the company is blacklisted with the Department of Labour.

thank you for replying...it gives me hope. =)

regarding the application of visa for my replacement, he told me that they had problems with the Labor because of the WPS but he has resolved it. But until now, he is not doing anything to proceed with the visa of my replcament which will likely get stuck in Kish for the rest of her life.

Another thing, he did not sign my resignation letter. I asked him to sign it the moment I filed it and the moment he said that he agrees with my resignation.

Thank you very much for the time. =)

-- Sun Feb 27, 2011 5:08 pm --

By the way, my passport is with him. He does not trust anyone in the office to keep their own passports. I wasn't even able to go to my appointment for my Emirates ID because the original passport is required.

-- Sun Feb 27, 2011 5:09 pm --

By the way, my passport is with him. He does not trust anyone in the office to keep their own passports. I wasn't even able to go to my appointment for my Emirates ID because the original passport is required.

Before doing anything, send an email to your employer, reconfirmingy your resignation (date when first notified) mention the "options" he gave you, indicate that no replacement appears to be in place, that you have served your one month notice (if that is the case) and ask what the current status is as you would like to leave.

Hopefully you will get a response back. This will acknowledge he received something in writing for you and you can take it with you to the MOL, if need be. Even if you don't get a response, take the email with you when, and if you have to go to the MOL. Do you have a "received" or "open" function when you send emails? If so, you can print it indicating that he did receive/read it, in he event you don't get a response from him.

Keep in mind: his "yelling" at you it is to intimidate you and put fear in you. Don't show any fear or that he is intimidating you. Stand you ground. They think they won't get bitten if they bark.

Will do. Thanks a lot! It's nice to know that there are still people who do not hesitate to help. I am just new here in Dubai that's why I am persistent in asking questions since the people around me in the office doesn't care (even if my bag got stolen already inside the office).

I will take your advice into action. I will just give my boss and the PRO until Thursday to process the visa of my replacement. If they still do not do anything about it, then I will send him the email.

Thank you very much!

Personally, I would not wait and I would get the email out tomorrow. It will give them time to respond or not, and then you can take that to the MOL saying that you didn't get a response after [X] days. Also send the email to the PRO. You need to arm yourself!!! If you wait, it's only going to add more time to your stay.

You being new to Dubai explains alot. There is going to be a big learning curve over time for you, so expect the unexpected. I don't know what country you come from, but Dubai is, to say the least, "unique".

Ok. Will send the email to my boss tomorrow. =)

I came from a country wherein there are also a lot of difficult people to deal with especially employers. BUT, my current employer is far worse than them. This is the first time I have met this kind of people. I didn't know that people can be capable of doing such things to others. So much for my first hunch here in Dubai. =)

There are times when I think of just going back to the Phils, but then I have a mother and a sister who depend on me.

I'm sure that in the Phils employment laws are in place as well as a employee/employer code of conduct. As I said, Dubai is "unique". There is a huge Filipino community here, but be careful who you connect with. Try to broaden your friendships with other nationalities, something you may be able to do at your next job. I will give you a bit of advice: locals are hard to work for as you found out, but on the other hand they can be very charming. Too many women from your country fall for the charms and all the goodies they get and end up being kept women, a secret wife, or return home to take care of a "medical" situation after being taken advantage of.

Hang in there, Dubai has its good and its bad - in every way possible. You just have to make the best of what it is. Do what you came to do, set a time for yourself to exit and stick to it. If things are going good, then there is no reason why you can't revise your time of exit.

-- Sun Feb 27, 2011 6:33 pm --

I'm sure that in the Phils employment laws are in place as well as a employee/employer code of conduct. As I said, Dubai is "unique". There is a huge Filipino community here, but be careful who you connect with. Try to broaden your friendships with other nationalities, something you may be able to do at your next job. I will give you a bit of advice: locals are hard to work for as you found out, but on the other hand they can be very charming. Too many women from your country fall for the charms and all the goodies they get and end up being kept women, a secret wife, or return home to take care of a "medical" situation after being taken advantage of.

Hang in there, Dubai has its good and its bad - in every way possible. You just have to make the best of what it is. Do what you came to do, set a time for yourself to exit and stick to it. If things are going good, then there is no reason why you can't revise your time of exit.

Thank you very much! I felt somewhat eased by your advice.
Yeah, I have to be extra careful here in Dubai. I have learned that also during my stay here in this company. There was even a time when one of my boss' friend called me and asked me to go to a hotel in Dubai Marina. I said NO. I really felt insulted. Since then, he kept on calling and calling and calling but I never answered any of his calls. He even used one Filipina to call me and tell me that he's having a party and that I am being invited by him.
These things are really shameful for me to reveal. But this should serve as a warning to everyone to not trust and be too friendly to people even if you belong to the same nationality.
I will quote what the Filipina said to me: "A lot are saying yes to this kind of offer especially now that life is hard to bear. They say yes because they know they can get a good life and would be able to provide for their families back home."
This should serve as a warning that some people, regardless of nationality can do such low things to other people just for money. It is not right, but we have a lot of these kind of people here.
In Dubai, it's every man for himself. A lesson I learned in a very hard way.

I will send the email today to my boss. Wish me luck!
Thank you!

Be true to yourself bamba!!!! You appear to be a bright and intelligent young lady. Go with your instincts: if it doesn't feel or sound right to you, then most likely is isn't. You will find that you will have to keep your guard up more than you would at home.

Keep us posted!!! and Good luck to you.

Very true. I will never accept such invites from such people. My mother raised and taught me to be more than what they think of Filipinas here in Dubai. =)

Sent the email already. Let's now wait for his answer-if he will reply back. Thank you very much!
Will keep you posted. =)

bamba wrote:My mother raised and taught me to be more than what they think of Filipinas here in Dubai. =)

Here's an update:

My boss just spoke to me. He said he read my email this morning. He told me that he will start the cancellation of my papers so I can leave this office as soon as I get cancelled and he will start the visa process for my replacement. He said as soon as I get cancelled, I can leave immediately even if my replacement is still not here.

Hmmm.... I wonder what changed the atmosphere...I was expecting that he will not do my cancellation this easy. Somehow it bothers me when he is nice-like this. He might have something else in mind. But I hope and pray that this will go smoothly. I have had enough problems already.

Thank you so much for all your help! =)
Will still keep you posted. God is good. =)

Send him an email, thanking him for his cooperation and reconfirm in the email what he said. Also ask him how long does he think that the cancellation will take so that you can advise your new employer as to when he can expect you to start your new job. You always have to try to keep one step ahead!!!!

Sometimes going through "written" communication is a hassle, but you never know when you will need it in the future. It can come in handy if you need back up if a situation becomes sticky. I told a friend of mine who has a very high position to do that whenever she was given assignments by higher ups, or gave assignments to her staff, or to reconfirm certain discussions. These emails serve a purpose to reconfirm what took place. A verbal argument of he said/she said holds no weight. Proof does.

Thank you. I will send him an email again. That is really necessary for me, given the type of boss that I have now. I just hope everything will turn our fine and that this is not just one of his bluffs.

Will keep you updated! Thank you very much, you have been a great help.

If he is bluffing and you do have to go to the MOL, you will have some proof in hand. Remember to print these emails out immediately and take them home with you!!!

You the email exchange all the time. Doesn't mean a nice boss or co-worker can't turn on you!!!!

My pleasure to help you out.

emarat wrote:I've been banned from entering the UAE permanently. Ban was issued by CID on suspicion of espionage.
I heard that if my employer takes responsibility of all my acitivies (as guarantor), with lawyer assistance it can be forced to take permit entering the UAE again.
Can anybody tell me what my chances are?
Thanks in advance.

Any clues?

@borabora:

sent the email and printed it already. I printed the exact yahoomail page where my sent items can be seen and printed another page that contains my letter, with the date and the time when I sent the email to him. He does not reply to my emails, so I printed it. =)

Hopefully, in God's guidance, everything will turn out fine.

Thank you so much!

emarat wrote:

emarat wrote:I've been banned from entering the UAE permanently. Ban was issued by CID on suspicion of espionage.
I heard that if my employer takes responsibility of all my acitivies (as guarantor), with lawyer assistance it can be forced to take permit entering the UAE again.
Can anybody tell me what my chances are?
Thanks in advance.

Any clues?

Suspicion of espionage??? I think you have as much chance as a snowball in hEll getting that reversed!!!

Hi there! Here's an update:

I signed the cancellation paper yesterday already, which is good.
Now I am worried because my boss is the one who is processing it in the MOL and immigration department. I'm just bothered that he might do or say something to jeopardize me and my career. I can't help but be paranoid about it since I know my boss very well and of what he's capable to do.

I'm just hoping for the best now. And I pray that everything will go fine...

Thank you very much! I

I would think someone like him has been hauled into the MOL, or his PRO, or contacted by MOL in the past because of other employee complaints against him. As long as you did everything the way it should have been done, you don't have anything to worry about, even if he tries to pull a fast one.

Keep us posted.

Hi! Updates....

Last week, I signed my cancellation paper already. He cancelled me from the Labor Department also, but I'm not sure if he's been to the Immigration department to cancel me. We have mutually agreed that I will stay until this coming Thursday... They are having problems regarding their documents for processing the visa of my replacement, which by the way is still in Kish for almost 2 weeks already at her own expense.

He talked to me this morning and asked me to stay for another week because there is still pending work in his office and nobody can do it except me. I refused to accept it and he said that he will go to the labor department and tell them things. I told him that what we agreed was just for me to wait for a replacement to get hired, which we did 3 weeks ago, and whatever problems they have with the replacement now is not my problem anymore. He is such a liar! He told me as soon as I get cancelled, I can leave the office with or without replacement. Now he's telling me I cannot go and if I go, he will tell things to the Labor Department.

I told him that he is giving me no choice and I have to go to the Labor also to seek for help.
His words were just "ok, let's see until Thursday what we can do".
I am close to getting desperate here already.

Have your papers been processed by the Labour Department? If they have then it would be illegal for you to continue working. He has 30 days from date of cancellation of your labour card to cancell your residency.

With regards to him telling you that he was "going to tell the labour department things about you"; if your papers have been processed by the Labour Department then your business (as well as his) is finished with them - so why would it have any further bearing on you and your position with the company.

I would suggest that you call the labour department. Tell them that you have resigned and that your boss is intimidating you and ask what their suggestions are to deal with this. They may well just get someone to call and speak with him - this will probably scare the sh.t out of him...

THANK YOU VERY MUCH DXBSOUL!

According to him, my papers have been processed by the Labour Department already. I double checked it through the internet yesterday and it showed that my Labor Card has been cancelled already. I told him that it was clear on my resignation letter that my last day of work was on the 28th of February but since he asked for 2 more weeks to wait for my replacement, I agreed to that. Now he is telling me that he did not sign my resignation letter. ;<

I plan to go to the Ministry of Labor before Thursday if he will not make it clear that he will let mo go.
Thank you very much!

The fact that he cancelled your labour card and that you have signed your cancellation paper is already proof that he accepted your resignation. End of storey

Yes, that's what I also thought. I will see what happens today. I will finalize everything with him...and if he still doesn't want to let me go, then I will go to the Labor tomorrow morning. I am really really tired of his attitude and his office. I feel poor for everyone who works with him. Thank you!

-- Tue Mar 08, 2011 4:36 pm --

I have spoken with him already....

He is refusing to hand-over my passport and cancellation documents. He said he will give it to me once I am in the airport already. He said that it is legal to do that. He said that even though I am cancelled, I am still under him and he is still responsible for me because he is the one who signed my cancellation papers. I am really losing it!

Go to the MOL. They have the last word, not him. If the opportunity presents itself tell him that your passport is in reality the property of your government, entrusted to you, and that if necessary you will go to your embassy and tell them that he has taken it and refuses to give it to you.

As for your replacement, when he offered her the job she was probably on a visit visa and I read somewhere that you have to be out of Dubai for 30 days in order to get a work visa. She still has 2 more weeks to go the poor thing, but that's neither here nor there as far you are concerned. You want to leave, you need to sort it out with the MOL, and move on to your new job. He is going to continue to delay your leaving until the replacement comes, then he's going to want you to say to do a "hand over", and by that time you won't have a job to go to.