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Hi there

I really need help as I have read numerous posts and can't find a definitive answer.

My girlfriend started a job in Dubai 6 months ago in June 2011. She signed an English printed contract which is open ended, with a company in the free zone. (which I think means it is not covered by labour laws, but not sure what covers it).

She now wants to leave as she is desperately unhappy with the job and wants to return to England to be with me. However in the contract it states if she leaves before the 1st year is up she must pay 2 months wages (28000aed) and also work a period of notice.

I need to know what would happen if she just upped and left without saying anything? She would obviously empty her UAE bank account and close it down.
I have read about an immigration ban, how long would this be for? Could the employer try and sue her back in the UK? What would happen if she returned to the UAE with her passport e.g for a holiday? Would it be ok if she was married and the passport in a different name? Are there any other implications?

Sorry about the mass of questions but if anyone can help me please as there are so many conflicting answers on different sites and forums.

Thanks

Mike

If she is unhappy she should have left within the probation period, then would have no repercussions apart from probably being asked to pay back the cost of the visa. If she just ups and leaves, she will be listed as having absconded and banned from entering the country again, or if she does picked up at the airport for owing her employer money.

My advice would be for her to work out her contract and then leave through the proper channels to avoid any issues.

champs85 wrote:Hi there

I really need help as I have read numerous posts and can't find a definitive answer.

My girlfriend started a job in Dubai 6 months ago in June 2011. She signed an English printed contract which is open ended, with a company in the free zone. (which I think means it is not covered by labour laws, but not sure what covers it).

The employment is covered by UAE Federal Labour Law No 8 and it’s amendments, in which Article 2 applies, and is specifically mentioned in Article 35 defining Individual Employment Contracts.

“The Arabic Language is the one to be used in all records, contracts, files, statements and
other documents as may be provided for in this Law or in any orders or regulations
issued in implementation of the provisions hereof. The Use of Arabic shall also be
compulsory in instructions and circulares issued by the employer to his employees. If a
foreign language besides the Arabic language is used, the Arabic language shall prevail
over other texts.”

She now wants to leave as she is desperately unhappy with the job and wants to return to England to be with me. However in the contract it states if she leaves before the 1st year is up she must pay 2 months wages (28000aed) and also work a period of notice.

The forfeit of 2 Months wages is not unusual as there is considerable investment by employers to employ foreigners, the legality however is questionable, as there is no mention of forfeit in the Labour Laws, legal counsel is your only option here.

I need to know what would happen if she just upped and left without saying anything? She would obviously empty her UAE bank account and close it down.

Sudden Bank account closure would raise a concern at the bank, I would reduce the account to a minimum over a period of time and then with internet banking transfer any remaining from within the UK.

I have read about an immigration ban, how long would this be for?

This could be 6 Months or a lifetime, dependant upon the circumstances and how much clout her employers may have with the MOL.

Could the employer try and sue her back in the UK?

No, UAE Law is applicable in the UAE and not the UK.

What would happen if she returned to the UAE with her passport e.g for a holiday?

She would either get arrested and prosecuted, deported or all three.

Would it be ok if she was married and the passport in a different name?

I don’t know, I would guess that personal details would migrate from one passport to another, I personally wouldn’t risk it.

Are there any other implications?

Who knows? Future employment in the UAE would be seriously curtailed, she wouldn’t even be able to make professional visits with another employer, there are discussion ongoing with other GCC countries on further Information Exchanges so maybe in the not so distant future an employment ban could extend to include these Countries.

My advice, as Chocs has already advised would be to stick it out, legal counsel and any further actions are likely to cost more than 2 Months wages and once she lets her employers know her intentions, there is no telling how difficult they may or may not make her remaining time left in Dubai. If on the other hand, her employers have broken either any the Labour Laws or the terms of her employment contract, she can seek advice from the Ministry of Labour, http://www.mol.gov.ae/english/newindex.aspx

You must also bear in mind that employment completion procedures can take some time, after the employment has ended, and if the employer is of the belief that the employee is going to be repatriated, they wouldn’t be the first to drag out the process in the hope that the employee would simply not be in the country to follow up on any final payments due. This happens regularly and the only way to resolve such situations is personally!

Names obviously change on people's passports but ALL details will remain on file. As mentioned before, it will flag up at the airport if she tried to get back into Dubai. Don't risk it!!!
In my opinion, you say she's been there 6 months already into a 1 year contract, if she left early she'd have to pay 2 months salary anyway, so really she's only got to work another 4 months & she can walk away, pay the money & she's clean as a whistle! Also, how much holiday is she owed as under a UK contract that must be included? Minus that & maybe you fly to her for a couple of weeks aswell could possibly result in her only being there for about 3 months without you. Bingo!