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.