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Leaving a company before you start

Leaving a company before you start

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Old Sep 26th 2008, 9:26 am
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Default Leaving a company before you start

Hi

I am meant to be flying to Dubai next week to start a job and I no longer want to come.

When I accepted my offer I was told I would still have to meet two members of the main board, one in the UK and one in the USA, this hasn't happened and I have been told I can complete the interview process when I get to Dubai. They also haven't taken any references on me yet, even though I have chased them to do this. They want me to work illegally initially until they get permits etc in place. They gave me an offer letter that had the wrong salary and start date on it, and then sent me an email with ammendments. I replied to the email agreeing to join, stating in wiriting that I accepted the offer, but have still not actually singed anything because they still have not sent me an offer letter with ammendments as they promised. On top of all this three people have phoned me in the last week with horror stories about the organisation I am abut to join. They recieved my degree certificate and applied for my visa early this week. They are not in a free zone.

I don't want to join this company, and I need to get out of this contract without a labour ban so that I can accept a job in Dubai with my old company who have said they would be happy to have me in Dubai. Am I legally bound to join them seeing as I have not signed an offer letter or is saying in an email that you accept legally binding?

Can anyone recomend a good UAE employment lawyer?

Thanks.
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Old Sep 26th 2008, 9:59 am
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Default Re: Leaving a company before you start

I think that the contract law would suggest that even a verbal acceptance forms a contract - a pedantic point - but the issue is sponsorship. You are not sponsored, a resident or anything else - you are free. But tell them that you are not taking up their offer and don't mention'...but I've got a better offer in Dubai anyway you fat useless wnkrs..' I suspect discretion is the better part.
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Old Sep 26th 2008, 11:43 am
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Default Re: Leaving a company before you start

yes that is the problem, i would suspect that they may put an immigration ban on you if you pull out now, which then will be difficult to do anything about, i would suggest talking to your 'old' employer and see if they would be able to get 'around' this possible problem. if they have started the process of the visa and its in the system (worth checking because of ramadan timing etc) then you are possibly stuck. also how can you be sure that these 3 people are telling the truth, have they shown you evidence, could it be perhaps they have a grudge or something against this company, and also it may have been a problem for just them everyone is different etc.
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Old Sep 26th 2008, 11:50 am
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Default Re: Leaving a company before you start

Originally Posted by busybee2
yes that is the problem, i would suspect that they may put an immigration ban on you if you pull out now, which then will be difficult to do anything about, i would suggest talking to your 'old' employer and see if they would be able to get 'around' this possible problem. if they have started the process of the visa and its in the system (worth checking because of ramadan timing etc) then you are possibly stuck. also how can you be sure that these 3 people are telling the truth, have they shown you evidence, could it be perhaps they have a grudge or something against this company, and also it may have been a problem for just them everyone is different etc.
Thanks Busybee2. These are all people I know and trust unfortunately so it will be true. The way they have gone about this is ridiculous, I am moving half way round the world and they still haven't sent me a contract with the correct salary on it, all I have is am email that I have replied to.

Can one not formally request that a company withdraw a visa application they have made?
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Old Sep 26th 2008, 1:09 pm
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Default Re: Leaving a company before you start

Originally Posted by busybee2
yes that is the problem, i would suspect that they may put an immigration ban on you if you pull out now, which then will be difficult to do anything about, i would suggest talking to your 'old' employer and see if they would be able to get 'around' this possible problem. if they have started the process of the visa and its in the system (worth checking because of ramadan timing etc) then you are possibly stuck. also how can you be sure that these 3 people are telling the truth, have they shown you evidence, could it be perhaps they have a grudge or something against this company, and also it may have been a problem for just them everyone is different etc.
How so, my wannabe-PRO friend???
In my previous company, we made an employment permit (It's the document that paves the way to an employment visa on which the person will come into UAE) which was valid for 2 months...
When those 2 months lapse, and the document is not converted into an employment visa, there;s nothing an employer can do about it...
Plus, even when an employment visa is issued, it becomes void after 60 days, and no ban will happen...
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Old Sep 26th 2008, 2:46 pm
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Default Re: Leaving a company before you start

Originally Posted by Confucius
How so, my wannabe-PRO friend???
In my previous company, we made an employment permit (It's the document that paves the way to an employment visa on which the person will come into UAE) which was valid for 2 months...
When those 2 months lapse, and the document is not converted into an employment visa, there;s nothing an employer can do about it...
Plus, even when an employment visa is issued, it becomes void after 60 days, and no ban will happen...
Confucius thanks for this. How do I stop the document being converted into an employment visa?
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Old Sep 27th 2008, 8:07 am
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Default Re: Leaving a company before you start

Originally Posted by Thinkingaboutit
Confucius thanks for this. How do I stop the document being converted into an employment visa?
Just tell them that you reconsidered...
If all else fails, pray...
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Old Sep 27th 2008, 6:23 pm
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Default Re: Leaving a company before you start

Originally Posted by Thinkingaboutit
Confucius thanks for this. How do I stop the document being converted into an employment visa?
you need to be there to have a medical before the employment visa proper can be granted. Also you can say that the UAE official website is very specific about working under a visitors visa, as in, it's illegal and that you're not happy with the risk involved. Perfectly reasonable.

Don't come over on a visitors visa on the promise that they'll sort things out quickly... believe anything only when you see it with your own eyes! All the more so if you're bringing your family out too.
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