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Employment Query/ Question


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  #1 (permalink)  
Old 5th December 2013, 03:39 PM
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Default Employment Query/ Question

Hello! I know a lot of queries regarding this has been posted here, I apologize in advance.

I'm a Filipina, I'm just new here in Dubai. I am working now, but I'm on Father's Visa. I started working for my current employer last October, and they just gave my Offer Letter, which I signed, after a month. It says there I "will be employed on an unlimited contract". And I have spoken with my employer if they are going to provide me a labour card and he said that they will provide me. But up until now, they're still not giving me a labour card and an employment contract. And another issue is that my salary is always delayed, and they're paying me cash. I don't have pay slip.

Because of these circumstances, I want to resign and look for another job. But, I have read in Labour Law and a lot forums that they will lift a 6-month ban, which also applies on father's visa/ husband's visa, if you didn't complete minimum of 2-year service. I have also read that they will automatically lift the ban once MOL cancelled your Labour Card. In my case, they still not giving me a Labour Card.

My questions are:
1. Is Offer Letter the same as Employment Contract?

2. Can I tender my resignation even I signed the Offer Letter and even it says there that I am required to serve a minimum of 2 years service?

3. If I resigned, do I still need NOC?

4. Am I going to be banned for six months after I resigned? And can the company hold me liable for damages?


I'm really confused now, and I really need some answers and advises. Please please help me. I would be very grateful for all the replies. Thank you so much in advance

Regards,
Maria

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  #2 (permalink)  
Old 13th December 2013, 02:33 PM
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Default

Quote:
Originally Posted by mariavergara88 View Post
Hello! I know a lot of queries regarding this has been posted here, I apologize in advance.

I'm a Filipina, I'm just new here in Dubai. I am working now, but I'm on Father's Visa. I started working for my current employer last October, and they just gave my Offer Letter, which I signed, after a month. It says there I "will be employed on an unlimited contract". And I have spoken with my employer if they are going to provide me a labour card and he said that they will provide me. But up until now, they're still not giving me a labour card and an employment contract. And another issue is that my salary is always delayed, and they're paying me cash. I don't have pay slip.

Because of these circumstances, I want to resign and look for another job. But, I have read in Labour Law and a lot forums that they will lift a 6-month ban, which also applies on father's visa/ husband's visa, if you didn't complete minimum of 2-year service. I have also read that they will automatically lift the ban once MOL cancelled your Labour Card. In my case, they still not giving me a Labour Card.

My questions are:
1. Is Offer Letter the same as Employment Contract?

2. Can I tender my resignation even I signed the Offer Letter and even it says there that I am required to serve a minimum of 2 years service?

3. If I resigned, do I still need NOC?

4. Am I going to be banned for six months after I resigned? And can the company hold me liable for damages?

I'm really confused now, and I really need some answers and advises. Please please help me. I would be very grateful for all the replies. Thank you so much in advance

Regards,
Maria
I would advise to try and work it out with your employer because if it becomes a legal issue they would probably win.

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  #3 (permalink)  
Old 13th December 2013, 05:40 PM
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Default

Quote:
Originally Posted by mariavergara88 View Post
Hello! I know a lot of queries regarding this has been posted here, I apologize in advance.

I'm a Filipina, I'm just new here in Dubai. I am working now, but I'm on Father's Visa. I started working for my current employer last October, and they just gave my Offer Letter, which I signed, after a month. It says there I "will be employed on an unlimited contract". And I have spoken with my employer if they are going to provide me a labour card and he said that they will provide me. But up until now, they're still not giving me a labour card and an employment contract. And another issue is that my salary is always delayed, and they're paying me cash. I don't have pay slip.

Because of these circumstances, I want to resign and look for another job. But, I have read in Labour Law and a lot forums that they will lift a 6-month ban, which also applies on father's visa/ husband's visa, if you didn't complete minimum of 2-year service. I have also read that they will automatically lift the ban once MOL cancelled your Labour Card. In my case, they still not giving me a Labour Card.

My questions are:
1. Is Offer Letter the same as Employment Contract? Not the same. The contract is a document from the ministry of labour. The offer letter is just that, an offer, not a contract. Speak to the HR/PRO and find out if the labour contract process has even been started. 3 months is far longer than it would normally take

2. Can I tender my resignation even I signed the Offer Letter and even it says there that I am required to serve a minimum of 2 years service? You can't start service until you sign an agreement. The date considered as the date of service is as stated on the labour contract.

3. If I resigned, do I still need NOC? You wouldn't need an NOC as you have not had an employer (theoretically)

4. Am I going to be banned for six months after I resigned? And can the company hold me liable for damages? Answered in item 3. What damages? What have they done that would incur charges?


I'm really confused now, and I really need some answers and advises. Please please help me. I would be very grateful for all the replies. Thank you so much in advance

Regards,
Maria
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Last edited by Ogri750; 14th December 2013 at 07:50 AM.
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  #4 (permalink)  
Old 14th December 2013, 02:20 AM
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Users Flag! Originally from uk. Users Flag! Expat in uae.
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Originally Posted by Bklyn View Post
I would advise to try and work it out with your employer because if it becomes a legal issue they would probably win.
Welcome to the forum. I don't think you have moved here yet? Hopefully you will find what you are looking for and be here sooner rather than later. In the meantime, if I may make a suggestion? I am sure you realize the Labor Laws here are very specific and different. The advice you have given above, although meant with the best of intentions, is not correct. It may be best, for the time being, if you were to use these kinds of posts to learn more about them rather than answering them. It could be that, unintentionally - as in this instance - you give someone advice that isn't right and it isn't picked up by someone who does know or knows where to guide them to, and the OP ends up in a situation that could have been avoided. You can google the UAE labor laws to learn more, but - even then - there are nuances that are not covered, hence the reason people ask these kinds of questions on here. Good luck with the job hunt

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  #5 (permalink)  
Old 14th December 2013, 02:22 AM
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Users Flag! Originally from uk. Users Flag! Expat in uae.
Default

Quote:
Originally Posted by mariavergara88 View Post
Hello! I know a lot of queries regarding this has been posted here, I apologize in advance. I'm a Filipina, I'm just new here in Dubai. I am working now, but I'm on Father's Visa. I started working for my current employer last October, and they just gave my Offer Letter, which I signed, after a month. It says there I "will be employed on an unlimited contract". And I have spoken with my employer if they are going to provide me a labour card and he said that they will provide me. But up until now, they're still not giving me a labour card and an employment contract. And another issue is that my salary is always delayed, and they're paying me cash. I don't have pay slip. Because of these circumstances, I want to resign and look for another job. But, I have read in Labour Law and a lot forums that they will lift a 6-month ban, which also applies on father's visa/ husband's visa, if you didn't complete minimum of 2-year service. I have also read that they will automatically lift the ban once MOL cancelled your Labour Card. In my case, they still not giving me a Labour Card. My questions are: 1. Is Offer Letter the same as Employment Contract? 2. Can I tender my resignation even I signed the Offer Letter and even it says there that I am required to serve a minimum of 2 years service? 3. If I resigned, do I still need NOC? 4. Am I going to be banned for six months after I resigned? And can the company hold me liable for damages? I'm really confused now, and I really need some answers and advises. Please please help me. I would be very grateful for all the replies. Thank you so much in advance Regards, Maria
Have they taken any documents from you? You can check with MoL to see if anything is in progress yourself. If not, you are working illegally and they are breaking the law. If you haven't signed your MoL contract, there is nothing to hold you to them.

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