Reader Mailbag:Resignation, Termination, First year of employment

Resignation, Termination-UAE

Emails: 23-10-2013 to 26-10-2013

Question 1

In case the worker has submitted his resignation letter, but he suddenly ceased working before completing the one month prescribe notice period, what shall be the legal action in this case?

If the worker is not working during the notice period or if he didn’t complete the prescribed period then he should compensate the employer with the notice allowance and this shall be through the last salary received by him from his employer.

As per Article No 119 of UAE Labour Law, if the employer or employee has failed to serve to the other party for termination of the contract or reduced the notice period, the party is obliged to serve the notice shall pay to the other party an indemnity called “compensation in lieu of notice” and it is incurred as a result of failure to give notice or reduction of said period, and the indemnity shall be equal to the employees pay for the notice period in full or in proportion to the diminished part.

Question 2

In case the employer has terminated the worker’s unlimited labour contract and didn’t ask the said worker to work during the notice period; or if he has reduced the notice period, then what shall be the legal action towards such case?

If the employer has terminated the worker’s unlimited labour contract  and didn’t ask the said worker to work during the notice period then employer has to pay to the worker the one month notice period’s salary based on the last salary received by the worker.And in case an employer reduced the notice period, then employer should compensate his said employee for the remaining period.

As per Article No 119 of UAE Labour Law, if the employer or employee has failed to serve to the other party for termination of the contract or reduced the notice period, the party is obliged to serve the notice shall pay to the other party an indemnity called “compensation in lieu of notice” and it is incurred as a result of failure to give notice or reduction of said period, and the indemnity shall be equal to the employees pay for the notice period in full or in proportion to the diminished part.

Question 3 

A worker was terminated by the employer after the former has worker for 11.5 months..whereas the employer has paid him the value of the one month notice period, do such worker deserves the end of service gratuity?

If the worker was terminated by the employer after working for 11.5 months, and employer has paid him the notice period salary then the worker shall not have the right to obtain end of service gratuity as he didn’t work during the one month notice period.

Question 4:

If the worker has submitted his resignation letter and was ready to work during the one month notice period…and the employer has waived such period, do such worker deserves the allowance of the one month notice period?

If the worker has submitted his resignation letter and was ready to work during notice period …and employer has waived such period then Yes, he shall have the right to claim for the allowance of the one month notice period.

Question 5:

In case the worker has submitted his resignation letter and took a leave…or resigned during such leave period…shall the said one month notice period become invalid?

If the worker has submitted the resignation letter and took a leave or resigned during leave period , No it shall not become invalid but worker should work for the one month notice period.

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  • In case of worker submitted resignation letter after 7 month in unlimited contract. He was ready to do one month notice period. Then the worker need to pay any amount to company?

  • In case the worker submitted his resignation letter after 7 months in unlimited contract. He is ready to do one month notice period. Then he need to pay any amount to company.

  • employee has submitted his resignation letter of 30 days after his probation period on a unlimited labour contract, can the employer claim back the costs of the employee’s visa?

  • Respected Sir,
    Iam working As a Labourer Supervisor in one of the company ( Free Zone ) under RAS AL KHAIMAH INVESTMENT AUTHORITY from 9th FEB 2014 to now , want to resign the job due to career change, PRO is asking that from my side Need to pay 45 days salary to the employer my employment contract is ” UN LIMITED ” category , please advise me in this regard, really i need to pay the money ?, And is there any notice period mandatory during resignation in Probationary period ?

  • If a Woman (under Husband’s Visa) on Maternity Leave of 45 days have submitted the 30 day Resignation Notice and the resignation will End on the same date of the Maternity Leave ends, is it VALID as per UAE Labour Law?

    Thanks in advance!
    Billy

    • Billy James,
      Sure she does have the right to resign during maternity leave.
      However, I don’t think she can claim maternity leave benefits.
      I think there is a possibility this way.

  • Hi,

    I hope you can help me. I signed my contract april 17 2013, my visa was isaued june 26, 2013, when will be the basis of my end of contract? Is it my joining date?or my visa obtention date?

    If i have plan not to renew anymore after completeng my 2 yrs contract, how is the process? Do i need to inform in writing or email?

    If i will not renew anymore, am i still entitled to my yearly plane ticket?

    Please help me…thanks….

    • Bien,
      Your official start of contract is when your labour approval is obtained.
      You could resign with a notice period as per the company rules.
      Air ticket is as per company policy.

  • dear Sir
    I am working as a specialist doctor in a private hospital. I have to change my job during probation period only so I have given one month of notice. but suddenly I am told that I will not receive salary for my last month also and that all dues will be cleared at the end of notice period. Is this by law or is company doing this at will
    since I am new to Dubai it would create a financial burden
    please advice
    thankyou

    • Shweta,
      First of all, you need to ask your employer what are the dues? IF they say it is related to recruitment+visa expenses, this is not legal. Employers can not recover these costs from employees.
      Secondly, holding salary is not as per law.

  • Pls any advice coz I want to resign to my company now I’m only 7 months is there any chance they will give me a ban but I’m finished my 6 months probationary period.do I need to pay something? Thanks