Labour Contract, Refusal of Termination, Notice period
Emails: 16-10-2013 to 20-10-2013
Question 1: I am employed under a labour contract of unlimited period, and I want to leave my present job. What should I do?
You should submit your written resignation letter. And should mention in it that you want to work for a period of one month only, and this one month period shall represent the notice period fixed in one month. Normally the notice period is one month in the case of unlimited contracts. But company can make it for three months’ notice period depending on the designation. So you should give notice as per your employment agreement.
Question 2: I have terminated the service of one labour employed with me under a labour contract of unlimited period; do I need to give him a notice of one month?
Yes, because, based on Article No. 117, if the employer is desirous to terminate the service of any of his employees, he should do so in writing and should give him a notice of one month as per the law…except in case of termination pursuant to Article No.120.
Question 3: I am employer under a labour contract of unlimited period and I receive my salary on per diem basis, how can I send a notice to my employer in case I have submitted my resignation?
The notice can be send by per diem labors as follow:
- If the labor has worked for a period exceeding 6 months and less than one year, he should sent a notice of (one week) to his employer.
- If the labor has worked for a period not less than one year, he should send a notice of (two weeks) to his employer.
- If the labor has worked for a period not less than five year, he should send a notice of (one month) to his employer.
Question 4: If the employer or the worker refused to receive the termination or resignation letters, how can be proof the same?
Both parties should resort to the Labor Relation Department. As for the worker, he should continue in performing his duties in case he has submitted a complaint.
Question 5: I have submitted my resignation letter to my employer, knowing that I am working under unlimited labour contract, the said one month notice to be calculated within the total service period?
As per the Article No 118 UAE Labour Law– Yes, such period shall be calculated within the total service period provided that the worker has actually worked within the said period