أسئلة وأجوبة
My wife works in a private school and wants to resign due to salary reduction. What to do?
My wife works in a private school in Abu Dhabi. After the first 2-year contract, her contract is now being renewed every year.
Her new one-year contract came with a revision of salary and position title and was given to her in the last week of the academic year.
As per the contract, both employer and employee are obligated to provide a 3-month or 90-day notice period.
In this case, a revision of the contract without giving the notice period is legal or not?
If she resigns without accepting this offer, it leaves her without a job for a year as all schools are done with recruitment for the next academic year.
How can we address this issue?
Dear Questioner,
Thanks for your inquiry.
Regarding the above, we would like to inform you that, according to UAE labor law, both the employer and employee are required to give a 3-month or 90-day notice period before terminating the contract.
In this case, if the employer has revised the contract without giving the required notice period, it can be considered a breach of contract.
Your wife can address this issue by discussing it with her employer and requesting them to follow the proper procedure of giving a notice period before making any changes to the contract.
If the employer refuses to comply, your wife can seek legal advice and file a complaint with the Ministry of Human Resources and Emiratization.
It is important to note that if your wife decides to resign without accepting the revised contract, she may face a ban from working in the UAE for a certain period of time.
Therefore, it is advisable to try and resolve the issue with the employer before taking any drastic steps.
Kindly feel free to contact us by phone or email for further guidance in your specific case.
Greetings
Greetings.
The employer has no right to amend the terms of the employment contract upon renewal except with the consent of the worker.
Send us the employment contract and the proposed amendment on WhatsApp so that we can inform you correctly.
For further inquiries about your topic, you can reach our office or contact us on WhatsApp.
Hello,
A revision of the contract without giving the notice period is not legal. Review the existing contract wording regarding the revisions or required notice period.
Your wife can negotiate the new contract terms (salary, title, notice period for future changes). Your wife can accept, counteroffer, or decline while seeking better terms.
Job hunting might be challenging due to timing, but networking, exploring alternative roles within the school, or even non-teaching positions can open doors.
For further clarifications, please share your Whatsapp number.
Dear Questioner,
In the UAE, employment contracts are regulated by the UAE Labour Law.
When a contract is renewed, any significant changes, such as salary revisions and position title modifications, should ideally be communicated with reasonable notice periods as specified in the contract or as required by law.
In your wife's case, if the new contract with revised salary and position title was provided at the end of the academic year without the required 3-month or 90-day notice period, it may be considered a violation of the notice period clause unless there is a specific provision in the contract that allows for immediate changes without prior notice.
To address this issue, you and your wife can consider the following steps:
1. Review the Contract:
Carefully review the terms of the current contract, paying particular attention to clauses related to renewal, notice periods, and changes to terms and conditions.
2. Consult HR or Management:
Have a discussion with the HR department or management of the school to seek clarification on the reasons for the last-minute contract revision and express concerns about the notice period.
3. Seek Legal Advice:
Consider seeking legal advice from a knowledgeable employment lawyer in the UAE who can assess the situation, review the contract, and provide guidance on the legal options available.
4. Negotiation:
If possible, try to negotiate with the employer to resolve the issue amicably. Discuss the concerns regarding the short notice period and seek a fair resolution that works for both parties.
5. Job Search:
Considering the possible implications of rejecting the revised contract, your wife may want to start exploring other job opportunities in case the negotiation with the current employer does not yield a satisfactory outcome.
It's important to address this issue promptly and professionally to protect your wife's rights and interests.
By taking the necessary steps, seeking appropriate advice, and communicating effectively with the employer, you may be able to reach a resolution that is mutually acceptable.
