Facing Forced Resignation Abroad: Can My Employer Legally Terminate Me While I'm Not in the Country?

umairsiddiqi
Please can someone help me.

I was hired in Dubai 3 years back from Pakistan as a regional manager for MENA. As per the contract, I have to get permanent in 6 months but the company took around 1 year to make me permanent. After 1 month, I got to know that there is one assistant coming to Dubai to support me, but in actuality, he was my replacement, but I had no information and everything went fine. When I got permanent and got my driving license, I purchased a car which was on loan. As per the company policy, they give me a car allowance and as I got permanent, so I thought everything is fine and can give comfort to my family in Dubai. After 3 months, my other VP came from India and told me that we don't need you, and you need to resign, but we will give you 3 months' salary. I had no choice, and I resigned and thought that after having 16 years of experience, I would find a new job even though it was an unjustified decision from the company as they don't want to see or listen to any proof from my side. My family was there, and I kept on hunting for jobs, but due to recession, I am unable to get one for three months. Then the same company called me and said there is a lower position available in Saudi, and we will give you half the salary of the one which you were getting. The company itself was not present in Saudi Arabia, and they have partners, so they told me that I will be on the partner's payroll, but you have to be on our side as we are sending you, and let us know if anything negative is done by the partners. I went to Saudi leaving my family in UAE on the visit visa. From the first day, the partner didn't want me to be there as they wanted to bring their own person. I stayed in Saudi for about 4 months, but nothing happened for my work permit, and the company told me that the partner is not issuing the visa, and you need to buy it privately. Just to cut down my expenses, I had to send my family back to Pakistan, thinking that when my Saudi visa would be done, I would call my family, and that's why I cargoed all my luggage to Saudi. After 5 months, partners sent someone who is actually not from the Ministry of Foreign Affairs, but he pretended and asked me to show a work permit which I didn't have. My VP was also there for a visit at that time, and the partner representative. I don't know Arabic, so he talked to the person and told me that you need to give him your passport and within 24 hours you need to exit from Saudi. My VP said just go to Dubai as it's not safe here and don't worry about your luggage; it will be shipped. So, I went out from Saudi and came to Dubai, and from there, they sent me back to Pakistan to do operations here. In Pakistan, the company is not present as it's an Indian company, but they are doing business with local partners, and we need to have a check on them to ensure they are following the policies. Yesterday, the partner called all the four people and asked that there is no need for you, and you need to resign. I told them that we didn't get any information from our company, and we will not resign. The guy told me that you need to deposit your laptops, and we will not let you go without them. Finally, I came out of their office and called my company, on which nothing was clear. Today they called and asked us to resign and gave a threat that if we don't resign, then they will terminate us, and if we resign, then they will give us 3 months' salary.

My questions are:

1. Can an employer terminate us even if we are not in the country?

2. Do we have any say if we go to the labor department and tell them that the company's partners pressured us to resign and the company also gave us threats to resign in one day; otherwise, they will terminate us?

3. I have a car in UAE which is on loan, so I believe that the visa can't be canceled unless I get rid of the loan.
Raj Kumar Hansdah
Dear umairsiddiqi,

Welcome to CiteHR.com. Thanks for posting your query along with the required relevant information. I am sure some of the members, well-versed with the situation cited by you, shall attend to your problem shortly.

Warm regards.
thesassychix
Hi Umairsiddiqi,

I'm sorry to hear that. I am not Indian, Pakistani, or a local in the UAE, so I may not be familiar with the rights, labor practices, and policies in your country. However, there will always be a due process in terms of termination and/or resignation.

Here in our country, newly hired employees will be on a probationary period for 6 months, where they are under observation to assess their capabilities, skills, and knowledge of the job. The thing with probationary contracts is that if the HR department doesn't provide feedback about the end of your probationary period after the 6 months, you will automatically be regularized. This is how it works in our country. The regularization papers are typically processed for formality to indicate that you have been regularized by the company.

Regarding the other problems you mentioned, why not consider visiting the labor department and seek advice before taking any actions that you may regret?

I hope you will be okay soon with this problem.
Sunilkm
Probationary Period in the UAE

As far as I know, in the United Arab Emirates, the minimum limit of the probationary period is 3 months, and the maximum limit is 6 months. You might have signed a contract with a 3-month notice period. You won't get your notice period money in a flash; for that, the employer has to terminate you (once you have completed your probationary period, then only it is applicable). Otherwise, you have to work for the entire notice period before you leave to get that money. Within the probationary period, the above-mentioned matter is not applicable.
Sunilkm
Some Useful Tips

I want to complain to the Ministry of Labour, but will they do anything? An official complaint will result in an inquiry based on your complaint; usually, they will ask the company to pay full dues within a 7-day timeline. However, the issuance of such orders may take time.

Will this ruin my chances of getting anything back from the company when they find out I complained? I think you mean your leave salary, overtime, etc. Yes, the chances are that the employer will terminate you or ask you to resign. Don't resign in any case until you get all your dues. In case of termination, you will get more benefits. But your employer may try to invoke Article 120 against you, like late coming, not obeying orders, etc.

Lessons Learned

It is better to get terminated rather than resigning from a third-rate firm.
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