Back to Dubai forum

Want to transfer company but already signed the contract

Posted in Dubai forum

hello all! I was hired by a company and signed the contract last 21 Dec. I have been working for a week now but I was really not happy because of the nature of the job where I was assigned and my salary is not quite fair. But since I was on a visit visa and still have no GCC experience I took the offer apart from the fear that I might have to exit to Kish for a month. ( I heard a lots of sad stories) Now, I have a better offer with another company and the position is what I really seek for. I would really like to transfer though I think it would be quite impossible for me considering the fact that they have already taken my original passport and visa. Can it still be possible? I'm also wondering where will I find the information about the status of my working visa since they told me it has been processed and I will have to pay plus I will be banned if I quit with my current job. Kindly shed some light. Your comments and kind advice will be cherished. Thank you.

cutee joy

  • Go to John Romero's profile

    posted by  in Dubai forum 

    Hi Charles,

    Thank you and I really appreciated your advice. I am probably going to follow that and God bless to me.

    Have a nice day!

  • posted by  in Dubai forum 

    Dear Dr. Rajsh,

    Please see my comments below:

    1) If i resign or complete the contract I can not join any other hospital for 2 years
    that means either i continue with same hospital or i will have to back to India after completion

    -This is a non-competition clause etched in the labor law of UAE. This is a separate agreement between you and the employer. If you will sign this agreement that means Article 127 is in effect. My suggestion is for you to humbly request them not to let you sign such agreement. However, let me clarify that the employer's rights is guaranteed in the law, they may impose the same anytime they want.
    -If you resign you cannot work for other hospitals. You can work once the agreement is no longer binding.

    2 )If i get any better opportunity out there before 2 years what are my options
    - You do not have an option. The previous employer may file a case against you in a competent court.

  • posted by  in Dubai forum 

    Dear John,

    First of all it is not right that for you to have a clerical position as per the visa and labor card. The employer does not have the right to keep you if you already informed that you are resigning. You must serve 1 month notice period. The employer is entitled to get 45 days of salary from you considering that you did not complete the limited contract. The employer is not obliged to give you gratuity.

    Since you have completed two years in the company, you are allowed to work for another company. There will be no ban in this case.

    The employer can put a 1 year ban on you if they can prove before the Ministry of Labor that you have done them wrong.

    My suggestion is for you to complain in the Ministry of Labor about your designation and for not allowing you resign.

    The Ministry of Labor will most probably favor you to find another job. However,If you have signed an agreement with your employer stating that you cannot work for a competitor, the Ministry of Labor cannot decide on this, but they will refer you to a competent court.

  • Go to rajesh kumar's profile

    posted by  in Dubai forum 

    Dear Charles

    Greetings

    I am ENT Specialist Doctor from India.I have got one offer from a hospital in Dubai.In contract period they have mentioned :

    2 Years, Renewable on mutual consent. Notice period for
    resignation/Termination is 3 months from either side.
    In accordance with Article No.127 of UAE Labour Law No. 8 of 1980, it is
    hereby agreed that the second party shall not be involved /employed in
    UAE with any other organization conducting/having
    competitive/similar activity to that of the first party for a period of two
    (2) years from the completion/termination of his /her employment
    contract.

    My queries are
    1) If i resign or complete the contract I can not join any other hospital for 2 years
    that means either i continue with same hospital or i will have to back to India after completion
    2 )If i get any better opportunity out there before 2 years what are my options

    I will be very much grateful to you for your valuable advice

    Thanks & Regards

    Rajsh

  • Go to John Romero's profile

    posted by  in Dubai forum 

    Hi everyone,

    I am a civil engineer working in contracting firm in Abu Dhabi for over 2 years in a limited contract that will expire on July 2012. My employer issued me a visa as a clerk though i gave them before a complete bachelor degree qualification valid documents with attested UAE embassy from my country and stamped from Ministry of Foreign Affairs in Abu Dhabi.
    Now, i got a job offer to the consultancy firm with a better salary and entitlement as a Civil Engineer. Then, i filed a resignation to my employer but they disapproved.
    My questions are; Am i entitled to transfer a new company as per new labour law? Does my employer has a right to reject my resignation even if i don't like to work with them anymore? What are my rights in accordance to UAE labour law? If my employer will ban me 1 year, is that ban can be lifted for a limited contract?
    I am really confused about my situation. Please help me to clarify these matters.
    Your opinions and suggestions are very much appreciable.

    Regards,
    John

  • posted by  in Dubai forum 

    Dear Betty,

    You came on "on arrival visa" because you are having a residence visa from Bahrain. This on arrival visa can be extended for another 10 - 30 days in Dubai Immigration. Hence, my suggestion is for you to find a job in UAE.

    I have recently extended a visa for a client who is having a residence visa from Bahrain. And it turned out fine.

    Once you are hired, your employer will simply apply for a new employment visa. You need not to go out of the country, just ask your employer to do a process called "Visa position amendment or change status."

    Your Bahrain residence visa and work permit, can be canceled by your employer from Bahrain.

    If you need any assistance just post here and I will try to reply ASAP. You can reach me at 0567259493.

  • Go to Betty Wiie's profile

    posted by  in Dubai forum 

    Dear Sirs

    I read your response to a fellow-members of this forum. I am currently in Dubai. I arrived here after being very encouraged with start of a promising position as Project Manager ( Busines & Information Systens) for a large M/E organization. I spent 1 month at the branch in Bahrain, then to Dubai at the end of June to start the Project here. On my second day at the Dubai branch, an excuse was fabricated to terminate my services. Since I am within the 3 month probabationary period, he/she is actng within their rights. Fortunately, the CEO allowed me to search for alternative employment for a limited period in July ( I have to vacate Company sponsored accom by 15 July). I would like to remain in UAE, have excellent qualifications and experience. I have an entry paper and stamp in my passport allowing me to remain in UAE for 30 days, in addition to a 2 year residency permit in Bahrain, a Bahrain drivers licence, all because my letter of offer was made in Bahrain. Please be so good as to let me know my options, so that I may remain in UAE and find employment soon.
    I appreciate this very much!
    Kind Regards
    Betty

  • posted by  in Dubai forum 

    If you want to leave the company during the 5th month of the probationary period or even before completing 2 years, the 6 month labor ban applies. If you get a higher designation and higher salary the ban can be lifted.

    If you are moving to a freezone company the labor ban does not apply because free zone has its own by laws and jurisdiction. It is not under the Ministry of Labor.

  • cutee joy

    posted by  in Dubai forum 

    hi to all! I would like to know if an employee wants to leave the organization during probation period is there any ban on it? I am on my 5th month now working in an LLC company. My question here is if an employe wants to leave his/her current company during probation period, does immigration and labor ban still applicable? I have Bachelors degree, will this make any difference? I am planning to resign before I reach the end of my probation period ( 23rd of June) I still have to find a new job in a free zone company. Thank you in advance for your replies.

  • Muhammed Shahid Farhan

    posted by  in Dubai forum 

    Thanx a lot for ur suggestion....!! i appreciate your concern.
    I will do accordingly.

Post a reply