Pay Bills

“Can an employer withdraw a job offer due to late bill payments?”

I accepted a new job offer and I have to start work next week.

I am late in paying my phone bill a month because I was Unemployed for three months. Will this prevent me from getting a new visa and work? JR, Abu Dhabi

Late payment of a bill is not a reason for an employer to withdraw a job offer and they are unlikely to know about it.

The only time this might be a problem is if the phone company has filed a complaint with the police for late payment. But this seems unlikely because the outstanding amount is less than 500 Dh and the payment is only one month late.

A police case against an individual may prevent them from obtaining a new work visa. However, JR can check if there is a police case registered against him.

Abu Dhabi residents can check if there are any lawsuits against them through a online service of the judicial department called Estafser. An Emirates ID number is required regardless of residency visa status. An individual’s ID number does not change, so a valid ID card is not required.

The procedure is different in the other emirates. In Dubai, this information can be checked through the Dubai Police app, but it will also show cases in other emirates.

This is a free service, so it is worth checking before contacting the police in other emirates for confirmation.

I recently moved to Dubai because I received a job offer, which I signed. However, I haven’t started working yet as the restaurant is not open. My visa is still in process.

I have also received another job offer and can start working immediately. I would like to resume this job.

Can I resign while waiting to start work or during the probation period? If I resign during the probationary period, do I have to pay my employer one month’s notice or three months’ notice, in accordance with my employment contract? Or can I resign immediately during my trial period? PK, Dubai

It appears that the employer has submitted an application for a residency visa. If the visa is in process or ready, PK will generally be considered an employee, whether or not he has actually started work. This means that he is required to give notice under the provisions of Federal Law 33 of 2021, also known as the New Labor Law.

The notice period depends on whether someone leaves the UAE or changes jobs in the country, which seems to be the case here.

“If the worker wishes to relocate during the probationary period to work for another employer in the state, they must notify the original employer in writing within at least one month of the date of his wish to terminate the contract”, clause 3, under section 9, of the Labor Act says.

“Then, the new employer will compensate the original employer for the costs of recruiting or contracting with the worker, unless otherwise agreed.”

The situation is different if the individual plans to leave the UAE.

“If the foreign worker wishes to terminate the employment contract during the trial period to leave the state, he must notify the employer in writing at least 14 days from the date specified for the termination of the contract,” says clause 4. .

As PK wishes to change jobs in the UAE, he is obliged to give one month’s notice and the employer has the right to insist on this.

Most employers will not want to hold an employee in this situation and allow them to leave immediately, but it may also depend on whether or not they have paid for the visa.

“If one of the parties terminates the employment contract without taking into account the provisions of this article, it shall pay the other party compensation equal to the worker’s wages for the notice period or the remaining period of the notice period” , clause 5 of article 13 says.

However, this does not mean that an employee can simply resign, as this may result in a flight ban. Instead, both parties should try to come to an agreement.

If the employer agrees, PK can offer to pay all or part of the severance pay.

Keren Bobker is an independent financial advisor and senior partner at Holborn Assets in Dubai, with over 25 years of experience. Contact her at [email protected]. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information purposes only.

Updated: May 01, 2022, 05:00

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