uplock
24th Jun 2006, 12:15
Article in Emirates Today Front page (http://213.132.44.184/emiratestoday/default.aspx?selpg=289&page=24_06_2006_001.jpg&artHigh=7)
A clampdown on employers banning staff who try to leave has led to firms increasingly asking new recruits to sign illegal contracts, Emirates Today can reveal.
Last night, Minister of Labour, Dr Ali Abdullah Al Kaabi, urged anyone who has received a contract tying them to their company for more than three years to report the matter, so that it can be investigated by the ministry.
The Ministry of Labour’s legal department confirmed to Emirates Today that contracts exceeding a 36-month term of employment are in breach of regulations.
“An employee who wants to leave a company should be allowed to do so freely, as long as they honour the notice period and do not owe their employer any money,” Dr Al Kaabi explained.
“Contracts of six or seven years are not allowed. The public need to tell us it is happening, so we can do something about it.” With the clarification of when bans can and cannot be imposed, employers in the UAE fear that they will struggle to hold on to suitable staff.
They also feel that time and money spent to bring in quality workers from abroad will be wasted if staff leave after a short period of employment.
However, Dr Al Kaabi added: “I realise companies want to keep staff and short contracts are fine, as long as both sides agree to the conditions. We will not tolerate illegal contracts.
“I tell anyone to whom this has happened to contact the ministry, so that action can be taken.” An employee, who is seeking to change his jobs and who did not want to be named for fear it would jeopardise his chances of future employment, said: “Many companies who have job openings are asking me to sign long-term contracts of six years or more.
“They also insist I agree to contracts with heavy penalty clauses for leaving.” On that subject, the Labour Minister added: “If an employer has invested money in training someone who uses that training to get a better job, the employer does have the right to ask for the money back from the employee as long as this falls within the terms of the employment contract. But they can never just put in penalty clauses demanding money. It has to be justified.” Edwin Rasquinha, general manager at leading Dubaibased recruitment agency Lobo Management, said: “Companies in the UAE are looking for those candidates who will pledge some time to them and enter into a longterm commitment.
“Nobody wants to lose staff after recruitment. However, I will not work for those companies that insist on six- or seven-year contracts.”
A clampdown on employers banning staff who try to leave has led to firms increasingly asking new recruits to sign illegal contracts, Emirates Today can reveal.
Last night, Minister of Labour, Dr Ali Abdullah Al Kaabi, urged anyone who has received a contract tying them to their company for more than three years to report the matter, so that it can be investigated by the ministry.
The Ministry of Labour’s legal department confirmed to Emirates Today that contracts exceeding a 36-month term of employment are in breach of regulations.
“An employee who wants to leave a company should be allowed to do so freely, as long as they honour the notice period and do not owe their employer any money,” Dr Al Kaabi explained.
“Contracts of six or seven years are not allowed. The public need to tell us it is happening, so we can do something about it.” With the clarification of when bans can and cannot be imposed, employers in the UAE fear that they will struggle to hold on to suitable staff.
They also feel that time and money spent to bring in quality workers from abroad will be wasted if staff leave after a short period of employment.
However, Dr Al Kaabi added: “I realise companies want to keep staff and short contracts are fine, as long as both sides agree to the conditions. We will not tolerate illegal contracts.
“I tell anyone to whom this has happened to contact the ministry, so that action can be taken.” An employee, who is seeking to change his jobs and who did not want to be named for fear it would jeopardise his chances of future employment, said: “Many companies who have job openings are asking me to sign long-term contracts of six years or more.
“They also insist I agree to contracts with heavy penalty clauses for leaving.” On that subject, the Labour Minister added: “If an employer has invested money in training someone who uses that training to get a better job, the employer does have the right to ask for the money back from the employee as long as this falls within the terms of the employment contract. But they can never just put in penalty clauses demanding money. It has to be justified.” Edwin Rasquinha, general manager at leading Dubaibased recruitment agency Lobo Management, said: “Companies in the UAE are looking for those candidates who will pledge some time to them and enter into a longterm commitment.
“Nobody wants to lose staff after recruitment. However, I will not work for those companies that insist on six- or seven-year contracts.”