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Hello Expats,

I joined a company in February this year and now I want to leave as I have a better offer in a much better company elsewhere. The company I joined is a very small organisation (5 employees) and the owner, not the local but the Indian partner is a very, very cunning and cheat of a man.

I joined because of huge promises made by him and then in the next few months he fired 2 people from the existing staff and made me do their work as well as mine. I did everything without complaining but now I want to leave this sh*t hole where I have no future and join a big respectable company. I was also promised a health card which I never received. I have a 2 year limited labour zone contract and I'm still in my 6-month probation as mentioned in the contract. I have formally resigned from the company via email and attached a PDF of my resignation letter as the Indian partner who runs the show never comes to office.

Now the PRO says the partner has told him not to cancel my visa and he gave me two letters on a company letter head with a 'non-disclosure' and a 'non-competition' clause which he wanted me to sign. Those clauses are not mentioned in my original labour contract and I refused to sign them as they were not discussed at the time of my joining.

I have accepted an offer from a freezone entity at a salary which is a 50% increment from what I'm getting here. Also, I have a proof of me wanting to resign and I have expressed clearly that I will serve a notice period of one month.

Today my PRO said to me that the partner has told him to file a court case. What I dont understand is that what case can he file against me? Also, if I want to leave and join a freezone company, how can I make this company cancel my visa?

Thanks guys

He basically doesn't have a leg to stand on. None competitive clauses are usually in the Labour contract - mine were and he doesn't have much of a right to ask you to sign somehthing now. You need to go and speak to someone at the Ministry of Labour regarding this.

Hi.. Motorbikeman,

Your case is very sensitive, I can understand your feelings. I suggest you go to the Labor department court to make complain after you complete your notice period of 1 month. To the Labor tell that you don't want to work and you want cancel. Labor will ask you whether you have been paid salaries regularly, so you should answer very cleaverly.

After your cancellation from the Labor visa, you don't have any banned in the Freezone company you can join them immediately.

dsg , if he's in his probation he doesn't have to give 1 months notice! That's the entire point of the probation period.

Chocoholic ,

Even if you are in a probation either party has to give 1 month notice. If employer he wants to cancel your visa under probation period he must also give u one month notice other he has to pay 1 month salary. Likewise, if you want to cancel your visa you must give the company notice period, otherwise you will not get justice.

Its CS if you want to leave the company under probation period you cannot sit the very next day, you should give time to employer to think and make some arrangements.

The best I adviced, you think with your open mind wht you think good for you.

dsg , Incorrect! In all my contracts they've stated that during the probation period either party can terminate giving 24 hours notice - no more.

Chocoholic , Are you sure ?! 24 hrs of Notice Period from either of the parties is acceptable if the employee is on Ministry of Labor Probationary Period ?!

Need Help.

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