I have been working for a private company since December 3, 2013 earning a salary of Dh8,000 per month, plus an annual bonus. I handed in my resignation on November 20 and confirmed I would work the 30-day notice period as per my letter of employment. Am I right to think this means I will have worked for the company for more than one year? I have received a new job offer with a monthly salary of Dh12,000, but have a few concerns. 1) My employer told a colleague, they would not cancel his visa and would not let him leave. Is it a legal for a company not to cancel the employment visa if they do not want to even after someone has resigned? 2) Can I ask to be paid my gratuity and annual leave allowance and also the annual bonus? According to the letter of employment I receive this after one year. 3) Can the company ask for a permanent ban for me? I have a postgraduate degree. NK, Abu Dhabi
The final date of any employment period is the final day of a notice period, so in this case Mr K will have been employed for more than one calendar year. If an employee tenders their resignation in a case such as this, where they have an unlimited contract, it must be accepted by the employer and there is not an option to refuse. The employer is legally obliged to cancel the visa at the end of the notice period and pay all monies owed in full, including any days of annual leave accrued to date and not taken. As Mr K will have been employed for more than 12 months he is entitled to receive the end of service gratuity, but this will be reduced as he has resigned. Whether an annual bonus is payable will depend on the exact wording in the contract of employment as it is unusual for a company to pay such bonuses once someone has resigned. If someone has a degree and a new salary of this level, they will not receive an employment ban provided they have been with their employer for a full year before moving on.
Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with over 20 years of experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice
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