Posted in Dubai forum
Dear Readers and Members,
Requesting you to please be patient and give this a full read. These queries are with regards to my career and I will be expecting honest and secure answers,people who know the details and are 100% sure as what they are saying is true and are willing to give me honest and correct answers. Your valuable comments will be highly appreciated.
1) I was interning in one of the companies in Dubai under a student visa. I have signed a contract offered by this same company in ENGLISH. Is this as good as signing the UAE federal labour law/ministry of labour contract ? ( As I have heard that the official contract is written in Arabic), or is there a separate contract that I will have to sign after my entrance to dubai under employment visa.( The company has offered to change my visa from student to employement and I am presently residing in India, they will send me a photoopy of the visa through e-mail )
2) My contract with the company has the following clause " If the employee resigns or he/she is terminated due to non performance or any disciplinary actions prior to completion of 3 years service from the date of joining,he/she shall be liable to reimburse to the company with all the expenses incurred such as recruiting charges, visa charges,medical charges or any other related charges". My questions are as follows.
a) Have I signed a limited contract or an unlimited contract. Please note that the contract only mentions joining date in the first page.If these charges are to be paid to the company,then what is the estimated amount to be paid ? ( Assuming that I resign at the end of 1 year )
b) If this is a limited contract, please let me know the applicable rules and guidelines of a labour ban and a immigration ban, if I quit before the 3 years of service.( Assuming I quit at the end of 1 year, because the salary offered by the company is very less,AED 2750/- without food and accommodation )
c) If this is a unlimited contract, please let me know the applicable rules and guidelines of labour ban and a immigration ban, if I quit before the 3 years of service.( Assuming I quit at the end of 1 year, because the salary offered by the company is very less,AED 2750/- without food and accommodation )
3) There is another clause mentioning that "I will be confirmed as a regular employee in the company,based on my performance after the completion of probationary period of six months from the date of joining. In the event of termination of the employment during this probationary period, the employee will not be entitled to receive any end of service benefits or other compensation whatsoever". My questions are as follows.
a) What are these end of service benefits and compensation that the company is referring to ?
b) If I quit during the probationary period, will I be entitled to pay back damages to the company as mentioned in the earlier clause and what about the labour ban,immigration ban ?
4) If I resign, will I be getting the experience certificate from the company ?
5) What constitutes justified and unjustified reasons offered by the employee for resigning from his current job? . If the reason offered by me is " I have been offered a better salary by company XYZ"and would like to quit". Does this constitute as a justified or unjustified cause ?
6) If this is a limited contract and I resign prematurely, will I be entitled to receive gratuity ? ( Assuming I work with the company for only 1 year ).How is the gratuity calculated ?
7) If this is a unlimited contract and I resign prematurely, will I be entitled to receive gratuity ? ( Assuming I work with the company for only 1 year ). How is the gratuity calculated ?
8) There is a clause mentioned in the contract that " As per Company's policy, the candidate will be required to give an undertaking that he/she will not be joining any company or business for at least a period of 3 years which competes with our company.Termination/resignation under normal circumstances will be with 30 days notice by either side". My questions are as follows
a) Does this clause mean that I will not be allowed to work with any company for a period of 3 years who is the competitor of my present company GLOBALLY or only in the U.A.E ?
b) If I resign on the grounds of disclosure that I will be going to company XYZ( who is a competitor of my present company ) , what action can the company take against me ?
9) I have also read somewhere that if I do not complete one year of visa ( residence/ work ) in Duabi, I can receive an immigration ban of 1 year against entering the U.A.E. Is this true ?
