Start networking and exchanging professional insights

Register now or log in to join your professional community.

Follow

If you resigned from your current job and your Line manager rejected it & he told you: you still not yet completed the period of your Contract'one year, what would you do?

In your Contract – include this term: Not entitled for one of parties to End the Contract before completion of the period specified in the Contract - OR if one of parties wants to End the Contract he should pay the amount for remaining period of the Contract. Then, after you completed one year; your Manager requested from you to renew the Contract for another one year. After6 months from the date of renewal contract, the Management surprise you - when they give you End of Contract Letter without any notice and they informed you will get EOSB for one year &6 months - and they are not ready to give you the amount remaining period of your Contract. When you try to know the reason & discuss with your Manager he told you: I Just don't want you to complete working with us. What will you do? في حال أنك قدمت استقالتك من عملك الحالي وتم رفضها من مديرك المباشرة ، وأخبرك قائلاً: انت لم تكمل فترة العقد وهي "سنة واحدة". واحدى بنود العقد تنص على: أنه لا يحق لأحد الطرفين انهاء العقد قبل انتهاء المدة المحددة فيه - أو تعويض أحد الطرفين للطرف الآخر بمبلغ عن المدة المتبقية في العقد في حالة الاستقالة أو انهاء التعاقد . وبعد اكمالك لمدة العقد ، طلب منك مديرك تجديد العقد لفترة مماثلة "سنة واحدة" ، إلا أنه بعد انقضاء مدة6 أشهر من تجديد العقد لفترة مماثلة فوجئت بخطاب انهاء التعاقد موجه لك من الادارة بدون سابق انذار وبمستحقات نهاية الخدمة لـ سنة واحد وستة أشهر فقط ، وليسوا على استعداد للتعويض عن المدة المتبقية في العقد . وحين مناقشتك ومحاولتك معرفة سبب ذلك مع مديرك قال لك هذه الجملة: أنا لم أعد أريدك أن تعمل معنا. ما هو موقفك في ذلك وماذا ستفعل؟

user-image
Question added by AQEEL SHALHOOB , Human Resources Division Head , Abdulaziz & Saad AlMoajil Trade & Investment Co.
Date Posted: 2014/01/10
فراس  حجازي
by فراس حجازي , مدير , مديريه الزراعه

Okay take it easy i

get my mony and find out other job م  

 

Mohammad Rizwanul Haque
by Mohammad Rizwanul Haque , Administration Manager , Oren Hydrocarbons ME FZCo.

It will be finalized in view of work contract articles and issuing authorities

Deleted user
by Deleted user

Apply the terms of the contract and in case of refusal to go to the competent court

Rasha Hilal
by Rasha Hilal , Human Resources Manager , www.onlineHRmanager.com

The contract which you have mentioned is illegal and annulled immediately by the Ministry of Labour or Labour Court even if both parties have signed it. 

No contract shall ever state that it may not be terminated as this falls under "Human Trafficking", the UAE has signed international agreements to combat human trafficking and accordingly such silly contracts are annuled and in some cases companies punished for having them.

 

Having said that, the UAE labour law states two types of contracts, Unlimited & Limited.

The Unlimited requires one month notice period (generally) or two-three (normaly for executive positions)   

 

The Limited states a certain period of time and may be renewed provided that it does not exceed4 years, if it exceeds4 years by even ONE DAY it will by default (by law) be considered Unlimited.

 

If one party wants to terminate a limited contract, they have to give a certain notice period stated by the labour law or compensate it in form of money, or compensate the remaining period in the contract in the form of money - whichever is LESS (normally you will never pay more than1.5 months basic salary) if you chose to leave immediately.

So even the word remaining part of contract doesnt exceed the1.5 months  basic.  Any way since every action you have mentioned in your question is illegal - my advice is to go directly to the Ministry of Labour and ask them to do the calculations for both of you, this will save everyone's time, effort and heart. They are the experts and they do it for free. 

 

Please download the labour law from the Ministry of Labour's website and read the articles governing Limited Contracts

http://www.mol.gov.ae/NewMolGateway/english/newIndex.aspx#

Bear in mind that I am99% sure that your contract is Unlimited but you do not know, because you did not read the label on it when you signed it (the Green paper contract issued by the MOL), if your employer has not given you your original copy, don't worry, the Ministry of Labour has a third original copy to handle such matters.

 

Cheers  

Shahzad Khan
by Shahzad Khan , Deputy Manager - Human Resources , The Searle Company Limited

Though, in the light of the contract, no one could do that and if plan to to do so then one should pay the amount for that. Bow, if your manager want to end this contract without any reason then you must try to get the detail on it. If you are having time and resource then you may go for legal steps and ask them to repay you if the contract stands valid and legal. Otherwise, it is better to get away from legal complications and focus on some other options.

Tegegne Abrham
by Tegegne Abrham , General Manager , MM BEDDING INDUSTRIES PLC

Rasha Hailal has specifically raised the country rule or law regarding to your question. Good job Rasha! I want say some general things. Contracts are laws between two contracting parties and these parties are goverened by the terms of the contract unless the terms of the contract are unlawfull, unachievable, immoral. Any subsequent agreements that is made to modify, alter, extend etc the previous agreement are also considered as law. However these later agreements should clearly indicate which part of the previous contract it modifies, alter or change. In the absence of such clauses it will be presumed both parties has agreed to remain as part of the contract. These thigs apply in all situation in all countries civil code including labour issues unless specifically stated in their law incontrary. The same will be true to your case. The subsequent agreement should not void or null your previous contractual right unless it specifically written and agreed.

Abdul Rahman Khan
by Abdul Rahman Khan , HR Manager , Fast Forward Logistics India Pvt Ltd

Complete your term and leave to avoid odds facing you and your career.

Hossam Alsaqqa
by Hossam Alsaqqa , HR Projects Operations Manager , Enjaz Enterprise and Consultancy

Check your contract1st

Bart Gerrits
by Bart Gerrits , Head Of Human Resources , Interserve Learning & Development

If you resigned from your current job and your Line manager rejected it & he told you: you still not yet completed the period of your Contract'one year, what would you do?

 

Simple: check your contract first and if you may resign during the probationary period then you have the right to resign, if contract states a notice period then follow the notice period or discuss the opportunity to leave during the notice period by using your not-used leave days... or check the labor law.You have an interest to leave and the company has spent an effort to mentor, coach, train you so just to say... I leave is definitely asking for the question from your manager : why, what is the reason. So in an open work relationship valid arguments are given so also manager can think with you / rethink your situation.

but in all cases pls show respect as both parties do not like the situation as it can be tough for manager and you. In other words listen, discuss and communicate during the whole process that follows

abhishek ojha
by abhishek ojha , MEP Construction Manager , Voyants Solutions

Need to refer the terms and conditions mentioned in contract.

More Questions Like This