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Discussion Starter · #1 ·
Hi Guys,

Before I start, I just want to say that I will be contacting the ministry of labour regarding this, but I am coming here for a heads up first.

Ok, my situation is as follows:

I work in the entertainment industry and am currently employed by a venue here in Dubai as their resident entertainer.

When I accepted the position, I signed 2 contracts. (1) A contract between myself and the venue with my correct job title, correct salary etc, valid for ONE YEAR ONLY (2) A labour contract that has an incorrect salary (only 50% of the amount I am actually receiving each month) and an incorrect job title (clerical assisant within the venue) valid for TWO YEARS. I am aware that this may have been a mistake on my part, but some friends here advised that it is quite common for companies to do this and, as long as they pay me correctly and honour the contract, then there should be no problem.

Fast forward 9 months and we are approaching ramadan. I am awaiting confirmation from the venue as to whether they want to extend my contract (the non-labour contract as it is due for expiry at ramadan). At the time of writing, I have not received confirmation one way or the other.

I was discussing my situation with a friend the other day and he mentioned that, as I am under a labour contract, I will be served with a 6 month labour ban (which I am aware can be lifted by a future employer as long as a minimum salary requirement is met)

So, thank you for reading this far. My question to you is:

My non-labour contract is due to expire at ramadan, but my labour contract will not expire until July 2016. If my non-labour contract doesn't get extended, how should I proceed?

(A) Resign from the venue (which will mean not fulfilling the 2 years required by my labour contract) and being served with the 6 month ban, or:

(B) Insist that the venue (as they are the one's not renewing my non-labour contract) terminate me (for reasons other than those under article 120(?) of the labour law) which, I am led to believe, will mean that they will be liable to pay me 3 months salary and also I will not get banned under the labour law?

I hope the above makes sense and I hope that someone can give me a little insight into how this works so I at least have a basic understanding when I visit the ministry of labour in the near future.

Thank you so much

LabourNovice :)
 

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Originally from UK but lived in many countries
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Hi,
You need a labour law specialist - rather than opinions of armchair "experts" in something this complex.
Generally the official MOL contract trumps the company contract - in all aspects of UAE labour law.
Best of luck
Steve
 

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Discussion Starter · #4 ·
Thanks Steve

As I say, I will be going to the MOL soon so I guess I will just wait and see what they have to say.

Thanks again :)
 

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Generally if there are 2 contracts the employee can rely on whichever terms s/he chooses. They figure the employer was the one responsible for any contractual contradictions, so s/he shouldn't be able to profit from them.

Also yes, go to the MOL or pay an actual lawyer to advise you. Believe it or not, internet advice isn't always accurate.
 

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Negotiate a severance if that's what you want, no ban (obviously), 3 months your ACTUAL salary including all benefits.

That sort of thing.
 
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