Regarding Resignation Not Accepting During Probation Period

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Regarding Resignation not accepting during probation period Mar 16, 2016
Dear Sir,

I am writing this mail seeking for your kind help regarding my resignation not accepting by the company. I am working in Jabel Ali Free Zone. I am on probation period and resigned from the post due to family health issues and want go back to home country on urgent basis. Below mention is the offer letter duly signed.

Contract Period- Your labor contract shall be for a limited period of two years. The employment shall be deemed confirmed after the successful completion of a 6 month probationary period, as per UAE labor law. Either party shall have an option to renew or not to renew the contract upon the completion of the contract period of two years.


In case you choose to resign from the company during the period of your contract, at least 60 day's notice and 45 days basic salary will have to be surrendered.


Now I have already resigned on dated 6 march and requesting the company to process the visa cancellation but the company is saying I have to serve 60 days notice and 45 days full salary along with visa charges. Also there is no clarity of anything as everyday they are saying will let you know the status of your last working day and F&F settlement.
Kindly help regarding the above mention same as what I should do? If I will take any legal help the company will take it wrong and not processing the visa cancellation process and handover of passport?

rahulsingh
UAE, Dubai Forum starter
Posts: 1
Location: Dubai AE

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Re: Regarding Resignation Not Accepting During Probation Per Jun 10, 2016
Check the contract section regarding the probation period.

Normally during the probation period, the employee or the employer can give the other party 24 hours notice of termination of the contract - not 60 days ... the 60 days may come into effect after the probation period; although the norm is 30 days notice period and not 60. The last part would depend on the terms of your official labor contract.

If you have a limited/ fixed term contract the employer is able to claim 6 weeks salary from you if you break the contract early; however, as you are still under probation this is not legal. The employer is also not allowed to claim visa expenses as this is breach of the Labour Law.
dbxsoul
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