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Hello!
I would be really grateful if someone could advise me on a nursing employment contract. I have been offered a position by a hospital in Dubai. They have offered me an open contract but I have been informed that if I wish to leave before 18 months I will be liable for all recruitment fees including agency fees, visa’s, relocation flight etc. I have also been told that if I choose to terminate the contract at any time I would be subject to an employment ban for one year. This means that I could not work for one of their competitors or setup my own private company for a year.

As I am currently negotiating my package I was wondering whether it is better to have a fixed contract e.g. 2 years. Would the employment ban still apply?

Somehow I need to negotiate these terms as I do not wish to be under the threat of an unemployment ban and have to pay agency fees if I leave.

Your help would be very much appreciated.

I'm not a lawyer so add a pinch of salt to my post before you digest it.

The employer is liable for all visa costs, not the employee, in the UAE (here's more about UAE employment visas and working in Dubai).

My understanding is that if you break a fixed term contract then the company can claim costs back from you which could include visa costs.

If you have an unlimited / indefinite contract then the company cannot claim any costs back, provided you give the correct notice (which is probably only a month).

I don't know enough about bans to comment specifically, the Gulf News has a handy weekly section on legal questions, called "Ask The Law", answered by a proper lawyer, not some geek on an internet forum . Try this search for questions about bans.

Thank you bonk for your help on this. I have checked out your search but still remain confused as to whether a fixed term contract is better than a open one to avoid a ban.
I have to give 3 months notice by the way.
I am also confused as they have offered me so much basic and then half again as a "fixed allowance", housing allowance is seperated from this.
Any idea what fixed allowance is? I believe they have done this to get the basic down so my gratuity is as low as they can give. But I may be wrong.
Any views greatly appreciated!
Spark

Sparklingsea wrote:but still remain confused as to whether a fixed term contract is better than a open one to avoid a ban.

My guess is a ban is more likely if you break a fixed term contract then resigning on an indefinite contract. I stress, that's a guess .

I have to give 3 months notice by the way.

Is that a contractual or legal period? If a contract specifies a longer period than legally required, it may not be valid.

Any idea what fixed allowance is? I believe they have done this to get the basic down so my gratuity is as low as they can give.

Yup, that sounds about right.

Get a fix contract!

An indifinate contract does not mean you will not be liable for the costs or the ban if you quit before one year.

You can alway renew the fix contract.

Like any other "contract' there are, and should, be consequences for breaching the contract - by either party. So comply with the contract terms and provisions and you will be fine.

The allowance: It is required by law that an allowance be made for housing and transportation. The goverment wants to make sure that the Employers provide for this. However many times the allowance can be 1/2 the salary and even more than the salary. This is not because the employers are generous but because the "end of service gratuity" is calculated on the base salary and not the total package. Thus the lower the "base salary" the lower the gratuity.

If you can, get a 1 year fix contract. Time flies. Then renew if you want (or the employer wants).

Good luck.

Thanks guys for your thoughts.
The fixed allowance is seperate to the basic AND housing and transfer allowance. I will be interested to hear their explanation as to what it covers.
Spark

Concord wrote:An indifinate contract does not mean you will not be liable for the costs or the ban if you quit before one year.

Are you breaking contract if you resign from an indefinite one within one year? I didn't know that

bonk wrote:

Concord wrote:An indifinate contract does not mean you will not be liable for the costs or the ban if you quit before one year.

Are you breaking contract if you resign from an indefinite one within one year? I didn't know that

Different tracks - labor department/immigration...