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Quitting job: Notice period pay - contract vs. offer letter terms

Dear Sir/Madam,

I’m quitting my job with a 90-day notice period, but I’m only going to work for 30 days of the notice period.

Should the compensation for the remaining days be calculated according to my MOL contract, or can they force me to also pay what was mentioned in the offer letter as extra expenses such as transportation fees and overtime?

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
9 Feb 2024, 10:25

Dear Questioner,

Normally, payment in lieu of notice will be according to the basic salary mentioned in the labor contract if nothing to the contrary has been mentioned and agreed between the employee and the company.

They can not force you to pay the amount mentioned in the offer letter as they are considered allowances at the time of engaging in the work.

Now, try to settle this issue by negotiating with the employer or if you need further clarification, we will arrange a consultation session as well.

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
9 Feb 2024, 11:20

Dear Questioner,

The compensation for the rest of the days can be calculated according to the basic pay mentioned in your labor contract.

This will be prevailing over an offer letter you accepted before. So they can not force you to pay more than that amount.

Also, this issue can be settled by negotiating with your employer if you have not consented to anything contrary to the above.

If you need further clarification, share your WhatsApp number.

متميز
دار الحقوق للاستشارات القانونية
دردشة توظيف
اجتماع
10 Feb 2024, 17:01

Dear Client,

Thanks for your question!

I hope you are doing well. I will assist you in this matter.

Based on the information provided, in the UAE, if you resign with a 90-day notice period but only work for 30 days, your compensation for the remaining notice period should be calculated according to the terms outlined in your Ministry of Labor (MOL) contract.

The employer cannot force you to pay additional expenses such as transportation fees and overtime mentioned in the offer letter, unless there are specific provisions in your employment contract allowing for such deductions.

It's advisable to review your contract.

For further information, you can contact us through WhatsApp.

Thanks & Regards,

ABDUL WAHIED

سكلز للاستشارات القانونية
دردشة
توظيف
اجتماع
12 Feb 2024, 07:52

Dear Questioner,

If you have agreed to a 90-day notice period in your employment contract, then you are legally bound to fulfill the entire 90 days.

If you choose to only work for 30 days and leave before the end of the notice period, your employer has the right to deduct the remaining 60 days' salary from your final settlement.

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
16 Feb 2024, 05:56

Dear Sir/Madam,

Thank you for contacting me!

According to Article 43 of the Labour Law, either party to the contract may terminate the employment contract "for any legitimate reason", provided that:

- Warning the other party in writing.

- Continue to execute the contract during the warning period, which must not be less than one month and not exceed three months.

The party that has not complied with the warning period shall pay the other party compensation called the "warning allowance".

The warning allowance shall be calculated according to the last wage received by the employee.

Our firm offers complimentary consultations to assist you with your legal concerns, which can be conducted online in a 15-minute session.

Please contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Law Firm

Legal Counsel and Consultations

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