Questionable clauses in employment contract of hotel worker who wants to resign

I want to leave my job and have some queries about resigning. Is there really a need for me to give 30 days' notice? Can the company give me a ban? My new job is offering me Dh6,000, so is this enough to not get a labour ban? TH, Dubai

Having found out further details, TH only joined the company last December so has been there less than a year. If he leaves before the full year is up, he will receive an automatic employment ban of six months. If he leaves having worked for the company between one and two years he can avoid a ban if he has a minimum salary of Dh5,000 and has a high school diploma or Dh7,000 if he has a post-secondary school diploma or Dh12,000 if he holds a bachelor’s degree. It is standard practice to give 30 days’ notice when resigning from a company. He has also sent me a copy of his contract of employment from the five-star hotel he currently works for. This contains other clauses: one states that all recruitment costs must be repaid to the company if leaving within one year despite this being illegal. There is also a non-competition clause that tries to prevent him working for any other hotel in the area for two years. This is unlikely to stand up in the event of a legal challenge. The contract also contains a clause stating that the employer can change the terms of the contract, whereas UAE Labour Law makes it clear that changes can be made only with the agreement of both parties. I will be raising these issues with the hotel group.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with more than 20 years of experience. Contact her at [e-mail]. 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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