“Can a new employer withhold a written job offer until a visa is canceled?” “

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I am a resident of Dubai and currently work for a mainland company on an open-ended contract. I have an unofficial job offer from another mainland company. I want to integrate this new company because the environment for compensation and business is better.

I have a personal loan from a bank in the United Arab Emirates. I have regularly paid the loan installments in full and have never been late or overdue. I also have credit cards with the same bank and always pay in full before the due date.

My concern is that the new company will not be willing to make a formal job offer unless my current visa is canceled. Will my visa cancellation be interrupted because of my bank loan? RS, Dubai

It is unusual for an employer to expect a person to have already quit their job and be without a residence visa before formally offering them a job. This sets off the alarm bells.

It is unreasonable to expect someone to do this before even offering them a job. Unless the offer is in writing, there is no proof and the company could renege on any verbal promises.

It is normal practice for a company to offer a letter of employment that details the conditions and wages of the job in writing. If the employee accepts the written offer, he resigns and serves his notice to his current employer.

This gives the individual some guarantee of employment, knowing that they will have a new job to go to. I am concerned that RS will find itself unemployed in a situation like this.

With regard to RS loans and credit cards, the payments being up to date, the existence of these debts is not a reason to prevent the cancellation of a visa.

However, it is important to note that once a bank is notified that an account holder is leaving their job, their last salary payment will be marked “last salary” and the account is likely to be frozen until. that he is starting a new position or can provide proof of having a new job, such as a signed employment contract or the new residence visa.

Under the terms of RS’s loan agreement, the bank can use its final salary payment, which will include any severance pay, to offset its debts.

I started working in May of this year and was told my probationary period could be up to six months.

I have now been told that since my direct boss will be on maternity leave in October and November, no decision will be made on whether my role is permanent until she returns to work.

Is the company authorized to do this? Can they extend my trial period even if my contract is six months? I, Al Ain

The worker can be employed for a trial period not exceeding six months

Section 37 of the UAE Labor Law

I work for a mainland employer, therefore UAE labor law applies. Most free zones have also adopted the same provisions.

Article 37 of the Labor Code states: “The worker can be employed for a trial period not exceeding six months when the employer can terminate the worker’s services without notice or termination indemnity. The worker cannot be employed by the same employer for more than one trial period. If the worker successfully completes the trial period and continues to work, said period is considered to be part of the service period.

This means that once JE has completed six months of service, if the employer does not terminate her employment, she will automatically be considered a permanent employee and be entitled to the benefits and legal protections afforded to all permanent employees under UAE law. The employer cannot make any changes to the law.

Keren Bobker is an independent financial advisor and senior partner at Holborn Assets in Dubai, with over 25 years of experience. Contact her at [email protected]. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for informational purposes.

Updated: September 18, 2021 5:00 a.m.


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