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جميع المدن, الإمارات العربية المتحدة

Can the employer refuse my offer to pay compensation instead of serving notice upon resignation?

Hi there.

I have resigned in March. My last day is June 12th. When I finish I will have completed 11 months.

I have offered compensation in lieu of notice. My company has rejected it.

Is this legal for them to reject?

Secondly - as said the last day is June 12th. My employer told me today they will not pay me my May salary in May.

Instead, they will hold it and pay in my settlement in June. Is this legal?

I work in a free zone but their employment rights they have said are as per MOHRE.

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
16 May 2024, 03:33

According to Article 43 of the Labor Law, either party to the contract may terminate the employment contract “for any legitimate reason,” provided that they warn the other party in writing.

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

The party that did not adhere to the warning period must pay the other party compensation called “warning allowance.”

Warning allowance is calculated according to the employee's last salary

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
16 May 2024, 04:28

Hello,

You have the right to resign by serving the notice period as per your contract or offering compensation in lieu. Review your contract to see if it's mentioned any specific clause.

It is illegal to hold your salary. Employment rights in the free zone are as per their particular free zone labor regulation.

If you have any clarification please share your WhatsApp number for further discussion.

متميز
علوي الجابري للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
16 May 2024, 04:32

No its not legal. You can file a complaint in MOHRE.

متميز
جلال حسين للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
16 May 2024, 05:08

I have offered compensation in lieu of notice. My company has rejected it. Is this legal for them to reject?

Yes, it is legal.

Secondly - as said the last day is June 12th. My employer told me today they will not pay me my May salary in May. Instead, they will hold it and pay in my settlement in June. Is this legal?

The company must transfer the salary within 15 days from the due date. For that he holds it.

متميز
ليكس ريسولفو للاستشارات
دردشة توظيف
اجتماع
16 May 2024, 06:10

As you might know, free zones have their own regulations. For perfect assistance, we need to know in which jurisdiction your employer is governed so we can assist you in calculating your legal rights and any due amounts.

You can book your legal consultation session at the minimum through the portal.

You also need to serve your notice period as per your employment contract to avoid any deportation or legal action from your employer.

After calculating your labor dues, we will be able to assist you in claiming any outstanding payment before the court according to the law if the employer decides not to settle.

We are more than pleased to serve you. You can keep our WhatsApp number for any need for legal assistance in the future.

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
16 May 2024, 08:23

Greetings.

Refusing to resign and delaying the end-of-service payment are all legal violations. You can submit a complaint to the Ministry of Human Resources and Emiratisation

For further inquiries about your topic, you can reach our office or contact us on WhatsApp.

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