Limited Labour Contract
The novel decisions of the Ministry of Labour indeed
entitles the member of staff who completed two years in service with the
employer to transfer to a new employer without the need for No Objection
Certificate but for this purpose it required that the contract shall be for
unlimited period. But if the contract is for a limited period, the employee
must not break the contract before the term, otherwise, he shall lose his
labour rights. Besides, the employer would be entitled to apply for the
Ministry of Labour to impose a one-year ban on the employee.
Frequently Asked Questions
A limited contract cannot be terminated before completion
Q: My wife has been working in a ladies saloon for almost
four years under a contract for limited period which expires next year, she is
on my sponsorship. My questions here are; Can my wife leave work immediately or
by giving three months notice to the company as per the side contract not
labour contract? The side contract mentions three months notice. If the company
does not accept the resignation, will the Ministry of Labour impose a work ban
on my wife, though she is under my sponsorship? Is it a must to work during the
notice period in a limited contract? Please advise.
A: I would like to clarify to the questioner that his wife
is working on a contract for a limited period and if the contract is terminated
pre-term, she will lose her labour rights except the right related to leave
only.Also, the wife might be requested to compensate the employer an amount
equivalent to a salary of 45 days if the employer proves that he suffered a
loss or was affected by such behaviour.
Finally, the employer might request the Ministry of Labour
to impose a one-year ban on the wife due to this violation even if the wife is
not under the company's sponsorship and finally there is no notice period in a
limited contract.
Breaking a limited contract
Q: I am working in Sharjah under a two-year limited
contract. Recently, I was offered a job in a Dubai-based company and they want
me to join by next month. Can I resign before end of the contract?
A: As per Article 116 of the UAE Labour Law, you shall be
required to compensate your employer for any loss he may sustain as a result of
the termination of the contract, provided that the amount of compensation shall
not exceed half the workers remuneration for three months or the residual
period of the contract whichever is shorter unless the contract contains a
provision to the contrary. Therefore, you need to inform your employer in
advance that you wish to resign.
However, the employment agreement, according to Article 113,
can be terminated only by both parties’ acceptance. This can be done through
submitting a resignation to the employer and giving a notice period of 45 days.
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My husband is having a limited contract since Dec 2010 to Dec 2013 since then till now he didnt signed any contract apart from the first contract he had. As its written on the contract limited contract will be automatically renew to unlimited for not more that a year after completion of the first limited contract.Now my husband is planing to resign and the company hold him and ask him to pay the 45 days salary even NO new contract has been sign.
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