samonski

I have been working for a UK based company for three months and have now been offered a better job outside the UAE. I have submitted my resignation and have said that I will not be able to work my notice period of 2 months. I have been told I will be listed as an 'Absconder'. I am happy to pay for the cost of my visa, but there is a slim possibility I may have to return to the UAE for short periods of work, ie 2-3 weeks. Without getting an NOC, is it possible for me to return after 6/12 months or will I be banned for life??

Madam Medusa

i don't know the answer, but it sounds completely ridiculous if you have submitted notice, and have offered to work your notice period that you would be labelled an absconder, and i would imagine this remains on your record permanently so you defo want to avoid it...

sure someone on here will be able to help...

MM, xx

jrudofsky

Has the OP not said that he has refused to work his notice? In which case, fair enough! Notice periods work for both sides? If I mis-understood and you have offered to work it then apologies.

samonski

Basically, it was a window of opportunity, that I decided to take and in doing so could NOT work my 2 months notice. I know I have messed the company up by giving such short notice, but wish to avoid long term problems, hence this post. I spoke to a guy who worked in the sponsor companies office and he said I would have to return to the UAE to have my visa cancelled, which sounds dodgy to me as it will have to go through my old companies system to be cancelled. I am wondering if I could get it cancelled through the UAE embassy in London??

weescot

Have you completed your probation period? If so, do you have confirmation in writing? If not, then technically you shoudl be able to walk without giving notice, regardless of what stage your visa is. This is what I have got of MOL website - not sure if it is any use but check the contents are indeed the most up to date:

http://www.mol.gov.ae/Pages-EN/docum...eralLaw-EN.pdf

busybee2

i think it depends on the industry, as even as an engineer working for a uk company here in ad moving back to the uk still working for the uk company had a 6 month ban placed on him by immigration not by the labour dept, and engineers are in the exempt category, so yes i think you may have a ban on you. obviously it costs the company a lot to recruit/move you etc, you will not be entitled to end of services benefits etc if you havent done your probation period etc.

weescot

A visa ban is indeed enforced by the immigration department, but they take their lead from the employer who has sponsored the visa. Check your employers insistence to work this 2 month notice is legal, according to the terms of your contract. Maybe BB2 has a legal contact that can assist.

samonski

Thanks WeeScot, looking through the contract, there is no mention of a 'Probationary period', so it seems I went straight to 'employed'. I am VERY unsure about returning to have the visa cancelled for obvious reasons, but I want to get it sorted out so I can return in the future, legal advice is needed methinks!

weescot

It is unusal to hear of no probationary period in a UAE based contract. Even for highly paid top guys. I think it is the Emirati "get out of jail" card if the new hire is a dud/undesireable/personality clash etc. However, I would get your contract checked - as it is a UK contract there may be exceptions. I am sorry I am not a legal expert to help futher. Maybe other posters can help..

Grace O Malley

If you have signed a contract where it states there is a 2 months notice period on either side and you walk, and you don't cancel your visa in the appropriate way , they will report u as absconded, by the way they have to do this, they have no choice as your visa will still be under their responsibility yet you have left the company.

If they do report u as absconded you will not be able to enter the country even on a visit visa.

Grace O Malley

You are dead on weescot, there has to be a probationary period in all contracts, I believe it is stated in the labour law that all employees should have a probationary period

Madam Medusa

doh, yeah, i misread and was giving him the benefit of the doubt...i'd be peed off if someone employed by me didn't work their notice...

MM, xx

samonski

I agree with you MM, I would be a tad peeved if someone I had employed left without working their notice period.
Throughout my life, I have tried to live by the 'do unto others...' principle, but this was a chance to improve things both for me and my family, so I took it.
It looks like I will have to go back to cancel the visa as I want to keep things 'above board', so to speak. Being able to speak to the people in this forum has really helped clarify the situation and I am very grateful to all of you.
Thanks