Hi to All!
Anyone out there who have the knowledge about the UAE Labour Law, please need some help.
I am confused. According to the Law an employee cannot be forced to pay anything or the employer cannot deduct anything from her/him without their knowledge. At the same time it stated there that an employee who is bound of unlimited contract will not pay anything and allowed to resign as long as he/she serve one or more than one year
with the company, while they can resigned anytime if they have master's degree.
In our case, usually we do request the employee to sign a company contract which is only limited to 2 to 3 years but we also ask them to sign a contract, the one that we submit to labour that indicates of unlimited years of system. I am not sure if this two are valid in case of disputes.
Also, in accordance with this law, some employees become abusive. The company will pay for everything and after a few months they will just leave once they got a new high paying job which is just common in UAE. My question is, is there anyone who did happen to know if the company contract that we currently holding is Legal? There are some clauses in the company contract which was not stated with the Labour contract because Labour contract is standard. In addition if our company contract is Legal and if we can use it from dispute can we also add a clause of binding that
if the employee leaves the company without finishing the contract we can collect/deduct or refund from him/her any costs that the company have incurred for the processing of their visa. I just want to add up this clause so as I can keep the employee till such time their contract finishes because there I know there is no one out there who will just spend thousands of their money for processing of employment and then their employee will just leave and run to other company once they've got a high pay. If we can state a clause, could you please provide me a Legal clause that I can actually use for this kind of issue.
I hope somebody could help me to resolve this issue.
Thanks'
ciao!
From United Arab Emirates, Abu Dhabi
2Anyone out there who have the knowledge about the UAE Labour Law, please need some help.
I am confused. According to the Law an employee cannot be forced to pay anything or the employer cannot deduct anything from her/him without their knowledge. At the same time it stated there that an employee who is bound of unlimited contract will not pay anything and allowed to resign as long as he/she serve one or more than one year
with the company, while they can resigned anytime if they have master's degree.
In our case, usually we do request the employee to sign a company contract which is only limited to 2 to 3 years but we also ask them to sign a contract, the one that we submit to labour that indicates of unlimited years of system. I am not sure if this two are valid in case of disputes.
Also, in accordance with this law, some employees become abusive. The company will pay for everything and after a few months they will just leave once they got a new high paying job which is just common in UAE. My question is, is there anyone who did happen to know if the company contract that we currently holding is Legal? There are some clauses in the company contract which was not stated with the Labour contract because Labour contract is standard. In addition if our company contract is Legal and if we can use it from dispute can we also add a clause of binding that
if the employee leaves the company without finishing the contract we can collect/deduct or refund from him/her any costs that the company have incurred for the processing of their visa. I just want to add up this clause so as I can keep the employee till such time their contract finishes because there I know there is no one out there who will just spend thousands of their money for processing of employment and then their employee will just leave and run to other company once they've got a high pay. If we can state a clause, could you please provide me a Legal clause that I can actually use for this kind of issue.
I hope somebody could help me to resolve this issue.
Thanks'
ciao!
From United Arab Emirates, Abu Dhabi
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf