Dubai Forums Dubai Expat Forums Dubai Expat Help Forum

Hi,
In light of all the job cuts happening, i have a few queries im hoping someone will help me out with. my co. is cutting down jobs, so need to know my options.

i have a freezone visa from hamriya freezone sharjah (actually ajman), but work in dubai.
so far the co. has been asking people to sign RESIGNATION papers and promising them 1 months pay.

my question is, is it better to ask for a termination letter, or agree to resign? im not sure about the freezone laws; i've heard different things, such as if i am terminated, i get 3 months salary on the basic wage etc. fyi, i've finished my probation period. also, can there by any type of ban (labor or immigration) if im terminated from a freezone visa? i was told there is a 1 year immigration ban?!

appreicate some proper insight; i know the rules change all the time but hopefully someone knows a proper resource!

Hi there,

You will need to get a copy of the specific Free Zone law from the Hamriya Freezone Authority.

Each Free Zone seems to have their own version of the Labour Law. Some are quiet comprehensive as in the case of JAFZ, and others have plenty of loopholes and grey areas. In most instances the Free Zone Authority has the final say on the contents and interpretation of the contract.

The piece that you heard “such as if i am terminated, i get 3 months salary on the basic wage” is actually part of the UAE Labour Law and does not apply within any Free Zone unless specifically stated in the Free Zones labour regulations.

http://www.hamriyahfz.com/en/default.asp

There is some information on their site regarding visa, visa type and transferring - http://www.hamriyahfz.com/en/cmsDocumen ... umentID=66

They do however have a very basic “transfer” policy :

• Investors and Senior/Junior Officers are transferable. Labors are non- transferable.
• The transferee should complete, at least, one year under HFZ sponsorship before starting
his/her transfer procedures and shall depend on Immigration rules and regulations that may
change from time to time.

However this does not indicate if any other papers (NOC’s) are required, prescribed ban period... as I said, full of holes!

The best is to actually check with the FZ Authority offices!

One other quick thing I should point out is that if you terminate, are terminated, or your labour contract is cancelled you can actually be banned (under UAE Labour Law), the ban issues is normally circumvented by a TRANSFER of your labour card to a new employer. CANCELLATION normally results in a ban.

thanks dxbsoul for taking the time to reply.
i haven't finished a year; barely 6 months. im just wondering, is it best to resign (they are making everyone sign a resignation letter if they are let go) or say i want a termination letter?

its going to be difficult contacting the hamriya freezone, but shall try. thanks again. hopefully others will be able to provide some information too!

dbxsoul wrote:One other quick thing I should point out is that if you terminate, are terminated, or your labour contract is cancelled you can actually be banned (under UAE Labour Law), the ban issues is normally circumvented by a TRANSFER of your labour card to a new employer. CANCELLATION normally results in a ban.

i thought 1 main part of a freezone visa is that there is no labor ban??

That only applies to transfers within the same free zone. In the case of Free Zones the FZ Authority (administration) company is the sponsor of your labour card, not your employer. So technically if you move from one employer to another within the same FZ you have not changed labour sponsor - and as such are not banned.

As I mentioned above there are a number of FZ's (about 16 odd) each with their own version of the Labour Law. In the posting above they dedicate a whole two lines to transfers which are hopelessly too little to be able to administer transfers, cancellations and terminations. The full UAE Labour Law dedicates pages and pages to these issues and is still very thin by comparison to other countries labour laws!

If I were in your shoes, I would rather let them terminate me; they cannot force you to resign. It would possibly also be to your advantage, as the UAE Labour Law makes provision for companies which are liquidated or closed due to financial complications – in these cases the employees are allowed to transfer without a ban. It may be a stretch but companies having to retrench because of financial reasons may be seen in the same light, which could cut you some slack if you had to go to the labour department.

The answer at the moment in your case lies with the Hamriyah Free Zone Authority, you will need to get hold of and read a copy of their “Labour Regulations” or chat with one of the labour representatives to get a definitive answer.

thanks again for your response!
so far,don't think the co. is going to go down, but who knows! everyone is worried.

anyone got a job for me?

thanks again dxbsoul!

sorry abt the duplicate

dbxsoul wrote:sorry abt the duplicate

Hi I too am a victim to the same sort... I too am trying to sort out about next step. The Labout law at HFZA is not at all reachable.. The Officers themselves refute their colleagues statements. But in any case As suggested by dbxsoul its better to get terminated when you resign you tend to lose your right. I am also searching prospectives in dubai but no luck.
They should relax ban rules atleast at this juncture when there are mass terminations. Its unfair dont you think so... depriving people for nothing of their mistake