Will revoking the NOC I gave my wife help her leave without paying 3 months' notice salary?

Dear Questioner,

Send a warning to the employer about not wanting to continue the employment relationship.

Your wife should:

- Review her employment contract for specific terms regarding termination.

- Understand relevant UAE labor laws concerning notice periods.

- Attempt further negotiation with her employer regarding exit terms.

- Ensure proper cancellation of her ADEK pass once employment issues are resolved.

By following these steps systematically, you can navigate this challenging situation more effectively.

Dear questioner,

Share your MOHRE contract, and as per the terms, we can check whether she is liable to serve a notice period or required to make a payment in lieu of notice.

If you need our assistance, kindly share your WhatsApp number.

Dear Questioner,

According to UAE labor law, an employee is required to give a notice period of 30 days before resigning from their job.

However, if the employee is on a fixed-term contract, they may be required to give a longer notice period as stated in their contract.

In your wife's case, since she is not a teacher and her contract does not mention a longer notice period, she is only required to give a 30-day notice.

If her manager is requesting a longer notice period or 3 months salary, this may not be legal and you can dispute it with the Ministry of Human Resources and Emiratization (MOHRE).

Hi,

Thank you for reaching out with your question!

Based on the situation you've described, your wife’s manager is likely relying on contractual terms or company policies rather than labor law when requesting three months' notice or salary.

If the contract does not specifically state such a requirement, the demand for three months' notice or salary may not be legally enforceable.

Revoking the NOC (No Objection Certificate) you provided could potentially limit her ability to continue working, but it’s important to approach this carefully as it could impact her relationship with the employer and the cancellation process.

Offering one month’s salary is a reasonable compromise, but if the employer refuses, you may need to pursue further steps through the Ministry of Human Resources and Emiratisation (MOHRE) to resolve the issue formally, especially if your wife needs to get the Adek pass for her new job.

I'd suggest discussing this further in more detail to better assess your options and ensure her smooth transition to the new job in another emirate.

Feel free to reach out to me on WhatsApp at [-------], or give me a call to explore the best course of action.

Best regards,

Suhail Rana

Hello,

Carefully examine her labor contract for any clauses regarding notice periods and termination.

If the contract does not specify a notice period or require a specific payment for leaving, it may be argued that her manager cannot enforce those terms.

For further assistance, kindly share your WhatsApp number.

Dear Questioner,

Thank you for your inquiry regarding your wife’s employment situation!

Here are the steps and considerations under UAE law that may assist in resolving this matter:

- Review the Employment Contract:

Please examine the employment contract for any clauses related to the notice period. If it does not specify a three-month notice period, the employer may not have a legal basis to enforce this requirement.

- UAE Labor Law Compliance:

Under UAE labor law, employees are typically bound by the notice period stated in their contract. If the contract does not stipulate a three-month period, the employer may not be able to demand this.

- Negotiation with Employer:

It may be beneficial to negotiate with the employer for a shorter notice period, especially since her role will not affect the nursery's operations during the transition.

- NOC Considerations:

Revoking the No Objection Certificate (NOC) you provided may complicate matters and could impact her ability to secure a new position. It is advisable to pursue an amicable resolution.

- Consult the Ministry of Human Resources and Emiratization (MOHRE):

If negotiations are unsuccessful, consider consulting MOHRE for guidance and possible mediation regarding her resignation and notice period.

Please do not hesitate to contact us at [---------] if you require additional assistance or clarification on any of these points.

Best Regards,

Mo.Salah

Dear Inquirer,

- Contractual Obligations:

If her labor contract does not specify a notice period, UAE labor law generally requires a minimum notice period of 30 days unless otherwise stated in the contract.

However, some companies may have internal policies that are not explicitly stated in the contract.

- Negotiation with the Employer:

Since her position is not critical, it might be worthwhile to negotiate directly with her employer, emphasizing her situation and the need for a quick relocation.

Offer to pay one month’s salary as a goodwill gesture to expedite her release.

- NOC Revocation:

Revoking your No Objection Certificate (NOC) might not necessarily solve the issue. It could complicate matters further since the employer may still require her to fulfill contractual obligations.

- Labor Department:

If negotiations fail, you can approach the Ministry of Human Resources and Emiratisation. They can provide mediation services to help resolve the dispute. They may also assist in canceling her labor contract without severe penalties if there are grounds for it.

- New Job and ADEK Pass:

She will need to obtain a cancellation letter from her current employer to apply for a new job and transfer her ADEK pass.

Make sure to explain the urgency of her situation to the new employer, as they may assist in expediting the process once she has the cancellation. It is best to have a lawyer present to prevent any risks that may occur.

If you need further clarification, you can contact us.