Hello to all the FORUM members
i am first time logging in, i hope my question will be answered
QUESTION:
I have worked with a Dubai based company more than 06 months. I had to come back to my country in Sep 2008 due to serious sickness of mother. But i could not go back due to the same reason.
The company has declared me as ABSCONDER. Is there any possibility to resolve the matter. Because I want to go UAE on visit and try for a job.
24th September 2010 From Pakistan , Karachi

Dear

As per Article 128 of UAE Labour Law

A non-National worker, who abandons his work without a valid reason before the

expiry of his definite term contract, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.

Article 129

A non-National, who notifies the employer of his desire to terminate his indefinite

term contract but abandons his work before the expiry of the statutory period of

notice, may not, even with the employer's consent, take up other employment until

the lapse of one year from the date on which he abandons his work. No other

employer may knowingly recruit such worker or keep him in his service before the

lapse of such period.

Better get their consent and then try for a job.As laws are tough there you should not get jailed on arrival.



With Regards



VS Rajan Associates,

Advocates & Notaries,

No.27, Ist Floor, Singapore Plaza,

No.164, Linghi Chetty Street,

Chennai - 600 001.

E-mail :

Tel : 044-42620864, 044-55874684,

Mobile : 9025792684.
27th September 2010 From India , Madras
Mr. VS Rajan,
Hello and welcome
thank you very much giving me the answer about ABSCONDING.
As you advised me,,,,
(1) So, should I contact to my employer to get me release from their????
(2) will they give me release letter??? then I would be able to get job in UAE?????
(3) if they will not issue the same letter, then????
please advise me.
yours truly
DOCUS786
27th September 2010 From Pakistan , Karachi
HELLO TO ALL THE MEMBERS,
I WAS EMPLOYED IN A BPO COMPANY. I WORKED THERE AS A TRAINEE CUSTOMER SERVICE ASSOCIATE. I WAS ON PROBATION PERIOD OF 6 MONTHS. I LEFT THAT JOB AFTER 2 MONTHS WITHOUT GIVING NOTICE. I JUST INFORMED MY TEAM LEADER OF DISCONTINUATION OF MY SERVICE. ONCE HR CALLED ME THAT TIME I SAID THE SAME THING.
COMPANY SENT ME 3 NOTICES I DIDNT REPLIED.
NOW THEY SENT ME LEGAL NOTICE STATING THAT I SHOULD PAY Rs.29,710 WITHIN 7 DAYS OR THEY WILL TAKE LEGAL ACTION AGAINST ME.
MY SALARY WAS JUST Rs.5500 as i was a fresher.
AS LONG AS I KNOW A PERSON CAN LEFT A JOB DURING PROBATION PERIOD WITHOUT GIVING NOTICE..ITS HIS PERSONAL CHOICE WHETHER TO WORK WITH THE COMPANY OR NOT.I JUST HEARD IT FROM SOME OF MY FRNDS.
I THINK THEY ARE DEMANDING A HUGE AMOUNT OF COMPENSATION FROM ME WHICH IS UNJUST.
I SPOKE TO AN ADVOCATE HE SAID NOT TO REPLY TO SUCH NOTICE.
AM I DOING RIGHT ? OR MY NEGLIGENCE WILL CREATE A BIG PROBLEM IN FUTURE ?
PLZ REPLY NEED UR HELP !
8th October 2010 From India , Mumbai
Dear SHOBHA
I think there is some difference between your case and mine. Because i worked at dubai and left the job after six months and came back to my country. My employer didnt send any notice to join the duty and they declared me as ABSCONDER.
But in your case i think you served in INDIA and left the job after 2 months. If you singed any BOND or CONTRACT at the tim of induction, then you may face the said problem. But if you didnt sign any BOND or CONTRACT then your employer cant do the same action against you.
AND FINALLY
In INDIA they cant do the same thing.
so, dont worry and enjoy your life.
BEST OF LUCK FOR YOUR NICE AND BRIGHT FUTURE
9th October 2010 From Pakistan , Karachi
Dear
Please note that the impression that you should keep silent may not be right .Instead you just send a reply explaining your difficulties and inability to pay.They may probably drop all further action.Employers do have their ego but if you appease it they will take a lenient view.
. With Regards
VS Rajan Associates,
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail : rajanassociates@eth,net,
Off : 044-42620864, 044-65874684,
Mobile : 9025792684-9025792634
.
9th October 2010 From India , Pune
Dear shubhada,
Please refer to your appointment letter. there may be a clause that if they provide you with any type of training they may recover that cost incurred for the same. so refer your appointment letter for that and more seriously if they want they can legaly recover that amount if the demand is not irrational.
Kamal Kant Tyagi
Advocate
Labour Law Consultant
09313907096
22nd December 2010 From India , New Delhi
Hi subhada,
Instead of complicating the matter the best thing would be to a polite letter explaining your difficult and the circumstances under which you were forced to act in that manner.Please request them to excuse you for the lapse. Express your sincere regrets for what you have done and request them to waive the amount. You communication, i.e. how you write the letter and your intentions will definitely will help you. In case they drop all the cases against you, please do write a letter thanking for the same without fail. M.J.SUBRAMANYAM, NAVI MUMBAI
24th March 2013 From India, Bangalore
 

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