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Kasare
Kasare, Solicitor
Category: UK Employment Law
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Experience:  LLB (Hons)
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My daughter is working in Dubai and is very unhappy, she is

Customer Question

My daughter is working in Dubai and is very unhappy, she is still in her 3 month probationary period.

What are her rights within this period?
Is she able to terminate her contract within this period?
If so, what notice would she have to give her employer? (In her contract it says the employer must give 1 weeks notice, but it does not say anything about what notice the employee should give).
What penalties would she have to pay?

Kind regards

Sandra Bramall
Submitted: 4 years ago.
Category: UK Employment Law
Expert:  Kasare replied 4 years ago.

During the probation period it is the time for both employer to assess the work of the employee and for the employee to asses the situation and whether the position is for them. Also the notice period, if undefined for the employee is the same as provided for the employer, i.e. one week.

 

Therefore, you daughter can resign or hand in her notice and giving one week notice. The employer may make your daughter work this or pay her in lieu of notice.

Customer: replied 4 years ago.
Thank you for your prompt answer - this is much appreciated.

Just need to check with you - you are aware that she is working in Dubai and your answer is relation to Dubai law?

Expert:  Kasare replied 4 years ago.

Hi,

 

Yes I am aware your question is relating to employment in Dubai.

 

Generally if a labour contract is for an unlimited period and a person has completed the minimum period of service, which is one continuous year, fixed by the labour law - then in the notice period is one month's notice, in accordance with Article No. 117 of the UAE Labour Law which considers such a period of notice obligatory for both the employee and the employer.

 

However, your daughters position is slightly different in that she is currently on probation. If the contract stipulates one week notice period during the 3 month probation for the employer and is silent for the employee, it is standard to be the same. Should you daughter wish to resign she really should approach her employers and have them confirm the notice period during probation is 1 week.

 

The employers is also generally obliged to pay the travel costs of a non UAE employee to repatriate your daughter back to her home country. But if your daughter resigns she may be liable to pay her own transport costs.

 

Another thing for your daughter to consider is that there is a mandatory ban is imposed upon onshore non-UAE national employees, upon the termination of their employment, preventing them from taking up employment within the UAE for 6 months - in the absence of a no-objection certificate from the employer. A 1 year ban can be imposed if the employee resigns and is in breach of their Contract (eg. giving insufficient notice).

 

Finally, your daughters sponsorship will be cancelled as her employer is under a duty to notify the Labour Department on the termination of an employee's employment, to allow the employee's residence visa and work permit to be cancelled. Employers should do so within 2 days of the termination. Following termination of employment, the employee (your daughter) will have 30 days to leave the UAE or find alternative employment.

 

Is your daughter intended on returning to UK or staying in UAE? If she wishes to stay, then I would advise that she either tries to make a go of her employment or be as amicable as possible with her employer, i.e. by at least offering to work more than the stipulated notice period to assist (for example).

 

I hope this helps. Should you require further information, please click accept and I will be happy to continue this dialogue.

Kasare, Solicitor
Satisfied Customers: 1216
Experience: LLB (Hons)
Kasare and other UK Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Dear Kasare

I am seeking your help once again regarding my previous enquiry.

My daughter has now left Dubai and her teaching post in Dubai, and has no intention of returning to the UAE.

My daughter left whilst still in probationary period on the 2nd December 2010.

She has today however received an email from the school demanding fees and costs to be paid. In her contract of employment it does stipulate fees and costs that must be paid etc., if in breech of contract - However there is no mention at all regarding these fees and costs to be paid if employment is terminated whilst in probationary period.

My daughter terminated her employment whilst in probationary period, so where does she stand now with regard to all these costs? Does she have to pay them? There is no reference to them whatsoever in regard to termination whilst in probationary period.

Could I forward her contract of employment onto you and this latest email with all their demands, for you to look into this matter further?

Kind regards

Sandra Goddard
Expert:  Kasare replied 3 years ago.

Hi Sandra, I am sorry for the delay in replying, i have limited internet access at present as i am away from home during the holiday period. Therefore, I may not have access again for another couple of days after today. If you can send me what you have and wait for my response I will certainly deal with this for you on my return.

 

If you send me the details, I will have a look at them. However, please do not worry about this. Obviously I cannot advise fully without looking at the contract or emails, however, I would imagine that the contract is based on UAE laws and it would be difficult and costly for them to enforce in UK. It would therefore depend on how much they are seeking from your daughter as to whether it would be worth them pursuing this. Send me the details to review and I will get back to you.

 

Kind regards XXXXX XXXXX wishes to you and your family.

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