Notice Period in United Arab Emirates

UAE, is booming with technological advancements and modern technology where UAE’s approach is fully digitalized. Thanks to the experts, working efficiently on different IT-related projects in UAE, and ensuring such a good business practices in UAE. The UAE labour and employment laws differ from other countries, though it intends to meet the international practices and international standards of labour and employment laws. These laws are introduced and implemented to reduce labour and employment disputes and conflicts. Let’s discuss further about it:

While working in the UAE, you should be aware of labour and employment law regards to resignation and its all legal regulations. You must know about how hiring is conducted. You must know about labour and employment contracts, however, you should also know the rules for resigning from your current job.

A labour and employment lawyer can help guide you on how to get into a company and smoothly transition after some years. Are you planning to resign from the company? If so, then you must do it very intelligently, without making any disruptions at work. Resignation is a big step in transitioning your career. Here, the time comes, where the labour and employment lawyers should be consulted.

The notice period is served as per the UAE labour laws. Notice period has to be served. If employer stops employee serving the notice period then he has to pay the notice period salary to employee and vice versa. A resignation is submitted under the following aspects:

• Notice Period Requirement

The employee must serve a notice period as per their employment contract. However, there is no need to serve the notice period if the employer has decided to waive it and the employee needs the waiver. But salary of notice period or garden leave has to be paid or else there might be some mutual consensus ad settlement between the both parties. You can consult our Employment Lawyers in Dubai. For MOHRE guidelines, one has to contact MOHRE.

• Timeframe for Notice Period

Usually, there is a one-month notice period everywhere, and the UAE has also embraced the same duration for most employment contracts unless a few companies are making changes to it for their benefits. But it might be up to 3 months as well.

• Contract Termination

The contract can be terminated at any time with mutual understanding unless any of the parties has not breached the contract terms.

Certain rules and regulations must maintain good contact between the employer and employee when an employee serves a notice period. A smooth transition shall be encouraged in every workplace. The employee must work professionally. They must come on time throughout the notice period. Moreover, handling duties should be done more responsibly. If we talk about the employer’s obligations, they ensure the employee gets the salary on time.

Every company has a policy for end-of-service benefits in the UAE. Therefore, the company must follow labour and employment laws and calculate the gratuity after the notice period. Every employee deserves an experience letter from the company at the end of their service.

As soon as the notice period is over, the process is formalized for a smooth transition. The final settlement is made with the employer/company, for example gratuity pay, unused leave, any compensation, commissions, investments and unpaid salary. Moreover, the employer will cancel the visas for expatriates as they are only valid until they have been working in the company. The General Directorate of Residency and Foreigners Affairs (GDRFA) or a relevant authority in the free zone handles the visa cancellation process. You can check with our Immigration Advocates or may visit the GDRFA website.

The labour and employer must cancel the labour card issued to the employee during their tenure in the company. This cancellation ensures compliance with the MOHRE regulations.

The employee must return every asset acquired from the company while working there. All the company belongings have to be returned.

There are some considerations to take after the resignation. You should know that you have not applied to a competitor company in UAE or cannot start a business in the same industry after resigning from the job. Therefore, it is important to understand your new employment choice before leaving the previous one. Usually, there are no labour bans if everything is good between the employer and the employee.

If you have a labour ban, it could threaten your next employment opportunity. Before traveling outside the UAE, the employee must clear all debts and ensure their work visa has been canceled.

Sometimes, the disputes are prolonged after the notice period has been served. There could be problems with the non-payment of the final settlement, the experience letter etc. It allows employee to finish the matter with employer amicably or contact MOHRE for opening the complaint.

Resigning smoothly without having any issue or dispute, is better than having a dispute over your employment. Labour cases can be prolonged from the employer’s side, and they can even impose a labour ban, making you unemployed for a long time in the UAE. Therefore employee should try to avoid the disputes. But this is in the case when he is wrong or he committed mistakes. If employer is creating issues for nothing and just to drag the matter then UAE Labour Law provides full protection to employees in UAE. But as an employee, you must maintain professionalism at the workplace by serving a complete notice period and fulfilling the professional duties. You must clear all your dues before resigning if you have any outstanding debts.

Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, states: “An employee who intends to move on to another employer in the UAE during the probationary period shall notify his current employer in writing at least one month before the date on which he intends to terminate the contract, and unless agreed otherwise, the new employer shall compensate the first employer for recruitment or contract costs.”

Your labour and employment dispute can be solved easily if you talk to legal experts. You should take legal advice and, legal services. Lawyers in Dubai are expert in legal mediation and legal support in court cases.

Finding a good employment lawyer in the Dubai or in UAE is not difficult if you find professional Emirati lawyers and legal consultant. You can hire the Ask The Law Al Shaiba Advocates and Legal Consultants if you need legal services.