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Breaking a contract before you start

 
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Darsky



Joined: 14 Aug 2009
Posts: 11

PostPosted: Mon Jun 11, 2012 3:43 pm    Post subject: Breaking a contract before you start Reply with quote

I'm interested if any of you have experience (even vicarious) with breaking a contract in the UAE. I have signed a 2 year contract with a private school. However, several things have changed (ie, a title I was promised has been revoked, and mass exodus of staff) and have made me rethink my decision. The contract term does not begin until August.

Would it be possible for me to break the contract and sign on with another employer in the UAE?

Keep in mind
-My visa is still with a third party
-My contract does include a stipulation that I should pay the school if I terminate early (with 6 months notice)

I have read through the labor law and everything I see pertains to the visa, since my visa is not yet filed with my new employer, does that law apply?

Thanks!
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dunteslin



Joined: 20 Jul 2010
Posts: 20
Location: australia

PostPosted: Mon Jun 11, 2012 6:36 pm    Post subject: Reply with quote

Are you in the country? Did you sign the contract in UAE? Have you started work? And in which emirate?

You would normally expect a probation period of three months or more.

My advice--do not let your passport out of your sight.
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Darsky



Joined: 14 Aug 2009
Posts: 11

PostPosted: Mon Jun 11, 2012 7:02 pm    Post subject: Reply with quote

I am in the country, finishing a contract in Abu Dhabi. The contract I want to break was signed in Abu Dhabi (although they only have a scanned copy, I have the original). The new job I'm considering is in Dubai.

My passport is still with me, however, the company has a scanned copy.
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helenl



Joined: 04 Jan 2006
Posts: 1183

PostPosted: Tue Jun 12, 2012 3:28 am    Post subject: Reply with quote

If the job title/designation specified in the contract has been revoked - then the contract is not valid - in the real world. In UAE, it may be a different matter.

If the job title was only mentioned verbally, you may have some issues, I'd go to the Dept of Labour and ask there what your options are.
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Darsky



Joined: 14 Aug 2009
Posts: 11

PostPosted: Wed Jun 13, 2012 12:33 pm    Post subject: Reply with quote

The job title was promised in the interview, but not included in the contract. I was told there would be a subsequent contract for the leadership position (which never came). Because this was verbal I'm not sure if it would hold up?

Does anyone know who I could contact at the ministry of labor for clarification?
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helenl



Joined: 04 Jan 2006
Posts: 1183

PostPosted: Wed Jun 13, 2012 3:04 pm    Post subject: Reply with quote

A verbal promise is worth the paper it's written on - in any country.

Ask for the contract to be issued with that verbal promise, if they won't - well, you have an indication of their reliability and integrity.
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