Changing jobs in UAE can be tricky with contracts involved. Tread carefully to avoid the ban.
Published: Wed 19 Jul 2017, 10:36 AM
Updated: Wed 19 Jul 2017, 12:40 PM
Dubai has abundant opportunities for expats relocating to the city for better pastures. While working with a company, there might always be the temptation to take up a better-paying job. But you need to be careful before switching jobs as it may invite a ban.
Understand the technicalities of entering into a limited or unlimited contract with your employer before signing one. Also, pick your job carefully after extensive research as switching jobs might not be as easy.
We address the top 6 concerns to be considered before switching jobs in the emirates:
Get an NOC from your employer
After the completion of a limited contract of two years, both the employer and the employee have to agree on termination and non-renewal of the contract. After both the parties have agreed, you can secure a no-objection certificate from your current employer and submit it to your prospective employer. Also, remember that in case of conflict with your current employer, your future employer may not be able to help you in the removal of your ban, if imposed.
No ban if you finish 2 years of employment
If you signed a limited contract of two years and have terminated your employment after the completion of the decided period of continuous service, you will not face an employment ban. Further, you may note that you shall be entitled to receive your leave salary for the number of days of paid leave that were not availed by you.
More details - Planning to switch jobs? Know how to avoid ban
Terminating the contract within two years
If both the employer and employee mutually agree to terminate the contract within the completion of two years, an NOC can be issued by the employer. Considering a situation where your employer imposes a ban for termination of contract, the employee shall be liable to compensate the employer for up to half the employee's remuneration for three months. In case, the employer has breached the contract, he shall be liable to compensate the employee for three months of remuneration.
More details -Renewed contract? Complete a year before changing jobs
Quitting within the contract period
If you quit before the completion of your contract period of two years, you will be liable to compensate your employer with an amount not exceeding your 45 days' remuneration.If the employer proceeds with an action against you, an employment ban may be imposed. It can be avoided if the employer and the employee have mutually agreed to the termination of the contract.
Importantly, it should also be noted that an employee terminating his employment before the completion of two years may not be imposed an employment ban if he has been offered a salary in accordance with his professional qualifications by the prospective employer. In this regard, it should be noted that certain professionals (ex. engineers) are exempted from an imposition of a labour ban to change employment from one employer to the other.
More details - No ban if you finish 2 years of employment
Working on an unlimited contract
In cases where the employee is working with a company on an unlimited contract, a one month notice period is enough before switching your job. The employer can also terminate the services of its employee with a 30-day notice period. If either of the parties cannot complete the notice period, then the one responsible for reducing the notice period must compensate the other party.
More details -One-month notice is all it takes to quit the job
Taking the new job while fighting the ex-employer
If the employee is embroiled in a legal battle with his ex-employer, he can take up a new offer from a different employer. You may apply for a temporary work permit, which will allow you to work with your prospective employer for a period of six months pending the litigation.
More details - You can accept job as you fight case against ex-boss
anita@khaleejtimes.com
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