Q:
Dear TFT,
I work with a company in Ajman. For some reason, I want to resign from my job. However, I am still under a two-year contract with my employer. Is it illegal to resign in the midst of a contract? Would I be banned from further employment in the UAE?
A:
Please check your employment contract. If your contract term is unlimited, then you can leave with a notice period.
However, if you leave employment in a limited contract, your company may request a one-year ban for breach of the contract.
According to Article 38 of the UAE Labor Law, an employment contract may be for a definite or indefinite term.
A definite term contract shall not exceed two years; however, it may be renewed by mutual agreement for an equal or a shorter term(s).
Where a contract is renewed, the renewal shall be deemed as an extension of the original term and shall be added thereto when calculating the worker’s total period of service.
Legally a year ban can’t be removed, and no one is exempted.
Domestic workers, Free zones, Government entities don’t come under MOHRE so they don’t need MOHRE approval, so the ban does not affect them.
6 months automatic ban apply for category 3 and 5 (mostly unskilled workers comes in this category), if a work permit is cancelled before 6 months’ time of period.
