Possibly Changing Jobs - the confusion! | ExpatWoman.com
 

Possibly Changing Jobs - the confusion!

126
Posts
EW NEWBIE
Latest post on 21 June 2016 - 11:20

I've been in the UAE for just over 4 years, and until now have been with the same employer who brought me over. I have a final interview for a position with an employer in Abu Dhabi (current visa is Dubai), and am trying to work out what has to happen if I do decide to switch.
My current employers terms state they wont transfer my sponsorship if the new employer is a direct competitor (they are), so they expect to cancel my visa and have me exit the UAE on a company-provided flight within 7 days. (it states this in their contract.....but as you have 30 days grace on cancellation I'm not sure how rigid this is)
I would like to use the flight, and they can report me as absconding if I don't appear for it, but I have a bank loan which wont be cleared......so will the bank allow me to exit the country when my visa is cancelled? (I'm not sure exactly when EOSB is paid....presumably after employment ceases, so after visa cancellation has happened?)
When would the new company apply for my employment permit....while I'm still employed? Or do they have to wait until my visa is cancelled......so I either have to remain inside UAE for the duration of the employment visa process, or remain outside (if I'm able to travel)? I will obviously have accommodation and pets here, so wouldnt want to remain out for longer than planned.

Is it just me or is this (very common) situation incredibly complex???
:confused:

311
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EW EXPLORER
Latest post on 25 June 2016 - 23:35
Any terms mentioned in anywhere other than labor contract, has no meaning in the court of law. However, if the employer has a case of significant loss of business due to your knowledge of their business info which is out of public domain and you joining a clear competitor, they have a option to file a case in labor for ban. If they don't, its their choice but labor won't put ban anymore by default. Assuming your labor cancellation happens without any challenge, your new employer can apply for your labor approval. And can apply for your Employment visa, once your old visa is cancelled. You don;t have to be out of the country. Most banks bind employer to advise bank in the event of cancellation and all EOB to go to specific account only. The account gets inactive and bank chases you for closure. I have heard both cases, where people with loan were either held or traveled without any hassle. so no clarity. Usually only in the event of mutual understanding, transiting from one job to another is uneventful. Mostly it is full of stress. Good luck.
126
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EW NEWBIE
Latest post on 23 June 2016 - 13:08
So aggressive! Fact is you asked a question I responded as per my friends experience. If you want an answer valid for yourself then phone your bank and find out first hand what the process is. Its not intended to be aggressive, more astounded, so apologies if its come across as that I am waiting on someone from my bank getting back to me, and I have also contacted the Abu Dhabi government portal to get a view from them:thinking:
111
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EW NEWBIE
Latest post on 23 June 2016 - 11:14
So aggressive! Fact is you asked a question I responded as per my friends experience. If you want an answer valid for yourself then phone your bank and find out first hand what the process is.
126
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EW NEWBIE
Latest post on 23 June 2016 - 08:32
Nonsensical or not that is the procedure. If you are leaving Dubai and moving to Abu Dhabi they expect it to be with a completely clear slate. Check with your bank if you are not sure. But all your clearances, health checks and so on will be done from scratch. So you're telling me I cant take on a job in Abu Dhabi because I have an existing loan? Even though the job pays more, meaning I am in a better financial picture to pay off said loan? So if I lost my job and got a new one in Abu Dhabi, I still couldn't take it as I wouldn't have clear credit? Security clearances, health checks etc I understand - this is part of the visa process and the new company already told me this is the case for all Abu Dhabi visa's - but they never asked about having no loans - and certainly not about leaving the country for a month! As I'm not moving out of the UAE, and salary will continue to be paid into the same UAE bank account I see no benefit to the bank in forcing closure The exit flight condition is as stated in our employee regulations - if they dont want to provide it I'm fine with that, but the exit conditions dont appear to cover the option of remaining in the UAE. Obviously this I would discuss with them if and when i handed in my resignation.
1010
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EW OLDHAND
Latest post on 22 June 2016 - 18:41
An article on the Labour Law covering the exit flight is noted here, the applicable part being [i'>if the employee is leaving the UAE.[/i'> http://www.thenational.ae/business/personal-finance/employer-liable-to-pay-for-flight-home-of-resigned-staff-leaving-the-uae
1010
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EW OLDHAND
Latest post on 22 June 2016 - 18:38
It is highly unlikely that you are entitled to a repatriation flight if you are actually returning to work in the UAE, the flight out is normally only given to those who are leaving the UAE for good.
518
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EW GURU
Latest post on 22 June 2016 - 16:47
I second the security clearance thing also. For some top level positions it's been done even at each renewal and it's definitely done for most positions for a new recruit.
111
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EW NEWBIE
Latest post on 22 June 2016 - 16:04
Nonsensical or not that is the procedure. If you are leaving Dubai and moving to Abu Dhabi they expect it to be with a completely clear slate. Check with your bank if you are not sure. But all your clearances, health checks and so on will be done from scratch.
126
Posts
EW NEWBIE
Latest post on 22 June 2016 - 06:49
Not sure how this will work for you as I had a friend who was moving from Dubai to Abu Dhabi and before they would clear him, his bank loan had to be completely cleared and bank account closed. His visa was cancelled and he had to leave the country for a month and come back later and everything was set up again in Abu Dhabi. It might just have been his company that insisted on doing it that way, but I know he had to scramble to pay off his loan. That sounds very extreme! And nonsensical.......no way I can pay off my loan this early, so that certainly wont be happening!! I don't think that is normal....why would he have to remain out of the country for a month? I think its more likely the bank will freeze my account....but I can deal with that, and ensure there is sufficient money available to cover the loan payment until I get a salary from the new employer - just not sure if it impacts your ability to travel (realistically it shouldn't, as you haven't defaulted on anything.....but nothing is ever straightforward!) I have been told for Abu Dhabi you have to go through the whole security clearance process again.....even although I've already got a valid residency visa, but they just tell you not to hand in your notice until they know its going through (exactly the same as when I joined my existing company)
111
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EW NEWBIE
Latest post on 21 June 2016 - 14:59
Not sure how this will work for you as I had a friend who was moving from Dubai to Abu Dhabi and before they would clear him, his bank loan had to be completely cleared and bank account closed. His visa was cancelled and he had to leave the country for a month and come back later and everything was set up again in Abu Dhabi. It might just have been his company that insisted on doing it that way, but I know he had to scramble to pay off his loan.
 
 

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