Want To Leave Before Probation Ends

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Want to leave before probation ends Feb 26, 2009
Hi,

I've just started a job with a company in Sharjah. Turns out, the conditions are way worse then I expected, and it keeps getting worse. I was just told I am working on Saturdays, although that were never mentionned in the interviews.

Anyway, I haven't signed any form of contract yet. (The deal is, there's a one month probation period, at the end of wich we'll sign a contract)
So basically I am not linked to the company until we do, and free to leave whenever I want.

My concerns are:
- is this even legal?
- I am afraid that if I leave before the end of the probation as I want to they just won't pay me.

Should I run away as fast as I can or wait for the end of probation and hope for a paiement?

any advice is mostly welcome. thanks

agatha
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Feb 26, 2009
oops sorry I posted in the wrong forum, that was meant to be in the work section
agatha
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Feb 27, 2009
have they started any labour approvla process? if not you can leave without any problems. try and get your salary at the end of the month if you can and then simply call in and tell then you won't be returning. if they pay you by checque make sure that the check clears before you do this
dbxsoul
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Mar 01, 2009
My understanding is that a company can dismiss you without notice during probation period, but it's a grey area whether or not you can leave without notice (without problems). I have a feeling that technically you have made a commitment which you'd be breaking but in reality, no (or almost no) company bothers chasing you up about it if you leave.

What do you think dbxsoul?
bonk
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Mar 01, 2009
probation runs both ways. you can leave if you want to during the period, but as bonk and myself pointed out, companies don't take to this well as you have to understand that they actually pay a fairly substantial amount of cash to get you to this point; granted the labour deposit can be transfered to a new employer, but a lot of other moneies are not recoverable.

if the employee absconds its worse as the employer has to pay to adverise that the employee has absconded, looses his labour deposit and is barred from taking on a replacement in that postion for 6 months.

the reality of the matter is that neither the employer or the employee are aware of the working conditions or performance prior to the contract - hence the probation period.
dbxsoul
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Mar 11, 2009
Dude you haven't signed any contract so legally you are not binded or anything.

Probationary period means the period of employment specified in the contract of employment, during which time either parties( you or your employer) may terminate the employment without notice.

Since you haven't signed a contract technically there is no probation period as such.

Thus, it's gonna be your choice to leave ASAP. But you also have to smart enough to work out ways to get paid!

Anyhow, technically if they pay you or not its just the answer of luck!
sweet mary
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Oct 23, 2009
Hi , in my case the contract says its 6 months probation and now i have almost 5.5 months completed .Nw the employer is asking me to sign on a piece of paper which says probation extended by 3 more months due to my poor performance and in case if they terminate me then i have to bear the visa expense and all other related expenses . Moreover he is asking me to sign on a new appointment letter which is predated to my date of joining which says i will bear the costs of my visa etc on termination , while my original appointment letter or labour contract doesnt have anything mentioned on it . Need your advise , pls help ..
lechu
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Oct 23, 2009
lechu wrote:Hi , in my case the contract says its 6 months probation and now i have almost 5.5 months completed .Nw the employer is asking me to sign on a piece of paper which says probation extended by 3 more months due to my poor performance and in case if they terminate me then i have to bear the visa expense and all other related expenses . Moreover he is asking me to sign on a new appointment letter which is predated to my date of joining which says i will bear the costs of my visa etc on termination , while my original appointment letter or labour contract doesnt have anything mentioned on it . Need your advise , pls help ..


Two things, firstly what he is asking is illegal. Secondly do you have a legal labour contract at this time; you mention appointment letter and labour contract?? Appointmet letters are not legally binding. probation may not be exteneded beyond 6 months. The employer may not ask the employee to pay any of the visa or relocation expenses.

At this point you have to actually ask yourself if the relationship between yourself and employer is already this strained ... do you want to continue working for them under the circumstances??
dbxsoul
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Oct 23, 2009
Two things, firstly what he is asking is illegal. Secondly do you have a legal labour contract at this time; you mention appointment letter and labour contract?? Appointmet letters are not legally binding. probation may not be exteneded beyond 6 months. The employer may not ask the employee to pay any of the visa or relocation expenses.

At this point you have to actually ask yourself if the relationship between yourself and employer is already this strained ... do you want to continue working for them under the circumstances??[/quote]

Yes I have a legal labour contract , since the appointment letter is not legally binding then I should consider only the labour contract as legal isnt , now the owner is asking me to sign a document which states that my probation to be further extended by another 3 months and that I have to bear the charges of my visa etc upon termination . I am not agreeing to sign the document at any cost even if its not legally binding(well i need ur advice on that ) .
My relationship with the owner is stranded and i am also not happy working for that company ,so my doubts are

1.If i resign , should i pay any visa exp etc to the company or any training charges .
2.If they terminate me , what am i entitled to get since i am on probation.
3.In case if i have to approach the labour dept , can i produce the copy of new appointment letter and the notice asking for visa charges as proof against the company
lechu
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Oct 23, 2009
lechu wrote:Two things, firstly what he is asking is illegal. Secondly do you have a legal labour contract at this time; you mention appointment letter and labour contract?? Appointmet letters are not legally binding. probation may not be exteneded beyond 6 months. The employer may not ask the employee to pay any of the visa or relocation expenses.

At this point you have to actually ask yourself if the relationship between yourself and employer is already this strained ... do you want to continue working for them under the circumstances??


Yes I have a legal labour contract , since the appointment letter is not legally binding then I should consider only the labour contract as legal isnt , now the owner is asking me to sign a document which states that my probation to be further extended by another 3 months and that I have to bear the charges of my visa etc upon termination . I am not agreeing to sign the document at any cost even if its not legally binding(well i need ur advice on that ) .

Agreed, don't sign it. If you can pretend that your'e going to sign it, but wait until after you are paid at the end of the month to tell him that you will not. If you play your hand to early, he may try to with hold your salary to force you to sign the document. This is also illegal. In some instance it may actually be better, as if he fails to pay you, or refuses to pay you he is in breach of the labour contract and you could actually go to the labour department

My relationship with the owner is stranded and i am also not happy working for that company ,so my doubts are

1.If i resign , should i pay any visa exp etc to the company or any training charges .

First thing, if you are going to leave they will have to ask you to sign your cancellation papers, in the papers it states that you have recieved your final payment - in this case i'm sure he will with hold what he thinks he can (i.e. visa charges etc.) - refuse to sign the paper!!!!!!

2.If they terminate me , what am i entitled to get since i am on probation.

You are entitled to NOTHING! sorry, but that is how it works under probation! no entitlements what so ever, not even accumilated leave payments!!!


3.In case if i have to approach the labour dept , can i produce the copy of new appointment letter and the notice asking for visa charges as proof against the company

yes, keep everything they give you in a safe place, don't keep it at work. if he is stupid enough to try and break the law and then put it in writing he deserves to get screwed over!

[/quote]
dbxsoul
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Oct 23, 2009
Many thanks for your help , I am really happy to have come across this forum and have got expert advice from you , thanks again :D
lechu
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undefined Jan 16, 2015
hi I am a newbie in our homecare company I've just finished my exit at Kish to get an Entry Work permit. But before I went to Kish I didn't signed any offer letter or contract from my company though I already started working for them for about a month before I went to Exit under my tourist visa. I wish to cancel my work permit as soon as my probation period starts and transfer to a Free Zone Area in Dubai is it legal for me to do it so? May you please feed me with possible consequences of it thanks.
happiness2028
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undefined Feb 14, 2015
Hi I am chandru. Due to my personal reason I want to resign from my company. It is only two weeks of time I worked with them. In the contract they mentioned that if I am leaving the firm I have to pay the cost of visa, work permit & residence visa. I have not received emirates card still now. I want to know what will be the amount I have to reimburse to the company. Kindly give your feedback.
chandru
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undefined Jun 09, 2015
sir i would like to ask i already sign a cancellation paper but but my boss told me he has not finished yet the cancellation because i cancel coz i want to go home to the philippines i have no medical yet and contract
crabz06
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Location: Mountain View US

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