Is an employment contratct valid outside the UAE?
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i've been working for a UAE based company outside the UAE, my company is into partnership with a local company, which means they sub contract all manpower, I am their only local employee employed by them directly. I've been working for this company for almost three years, in my firtst year i signed a 3 months contract renewed three times from january to october 2009, after that period no more written contract, the only way i can prove that i work for them are those three months contracts, the copies of my payslip, and sometimes the daily mails and correspondence from my company mail box. They didnt establish themselves with the local law of company because they are not registred as a branch nor a company of the local law anyhow, so its like they are nonexistant because their local partner company does everything, my company just pay money and share dividends, every written documents is made by the UAE based company, e.g payslips, contracts, business cards, are with the headers of the Dubai based company, the Headquarter. I'd like to know in this case if I want to resign from this company how would my gratuity be calculated, should the labor law of the country where im working rule or should it be the one of the United Arab Emirates, especially that any of my three contracts were made outside the UAE? If my job contract aren't valid, how can i reverse the inconvenience on my favor, by a Dubai employment department or so? Can anybody provide me with a link or so about Employment by a UAE based companies outside the United Arab Emirates? I hope i'm being clear enough. Thank you for you help.
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Answer:
An employment contract made in the UAE is valid in a foreign country but falls under the Labour Law in the host country unless stated different in the contract. Does your UAE located company fall under the UAE Labour Law anyway? In case you got employed in the UAE, got sent aboard and the company falls under UAE Labour Law, your gradutity would be 7 paid days per year,starting from the date your last 3 months contract ended (Oct 2009). Please contact the PRO of the UAE based company for clarification.
Mathieu at Yahoo! Answers Visit the source
Other answers
Hi, Your gratuity is based on the employment contract issued by the governing authority, which i think in your case is UAE. Regarding your employment in the other region, you mentioned that they were not able to form the branch license so its highly unlikely for you to be having the visa and labour contract. Could you please specify. Gulneet Chadha founder of askHR.ae
gulneet c
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