Should I pay 3 months' salary if I leave my job without notice to care for my newborn?

Hello,

In the UAE, if your employment contract specifies that either the employee or the employer must give three months' prior written notice or payment in lieu of notice, it means that you are typically required to comply with this notice period, unless there are specific circumstances that allow you to leave without penalty.

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Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

The clause states that you must provide three months' notice or payment in lieu of notice, making it enforceable.

However, local labor laws or compassionate circumstances, such as caring for your newborn, may exempt you from this obligation. It's best to communicate with your employer.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will be delighted to help you.

Thanks & Regards,

ABDUL WAHIED

Dear questioner,

As per the law, you are either required to serve the notice period mentioned in your MOHRE contract or pay the amount in lieu of the notice period to the company for the duration you do not serve.

So, if you plan to leave the job without serving the notice period, you will need to pay the company as compensation.

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Dear Questioner,

Good morning!

The clause you mentioned appears to outline the termination conditions of your employment, requiring three months’ notice or payment in lieu of notice unless otherwise stated in clause 11.1.

However, the applicability of this condition depends on the specifics of clause 11.1 and UAE labor law.

1. Relevant Points

- UAE Labor Law on Resignation Without Notice:

Under Article 45 of UAE Federal Decree-Law No. 33 of 2021 (Labor Law), employees are generally required to serve a notice period unless there are valid exceptions, such as contractual violations by the employer.

Failing to do so may result in liability for damages, often calculated as the equivalent salary for the unserved notice period.

- Payment in Lieu of Notice:

If you do not serve the notice period, your employer may have the right to claim compensation equivalent to your salary for the unserved period unless clause 11.1 specifies exceptions that might apply to your case.

- Force Majeure or Personal Circumstances:

While personal circumstances like having a baby are understandable, they do not automatically exempt you from your contractual obligations unless explicitly stated in the contract.

2. Next Steps

- Review Clause 11.1: Determine if this clause provides exceptions to the three-month notice or payment in lieu of notice.

- Negotiate with Employer: Explain your circumstances and try to negotiate a mutual agreement for a shorter notice period or waiver of payment in lieu of notice.

- Seek Legal Advice: Share a copy of your employment contract and related documents with a legal professional to assess your options under UAE labor law and your contract.

For further assistance, you may contact us via phone or email. We can review your case in detail and provide comprehensive legal support.

Best regards,

Mohammad salah

Legal Consultant

Yes, you must pay 3 months' notice to the employer or resolve the matter amicably with them.

If you have any other inquiries, contact us at: [---------].

Under UAE labor law, if your contract specifies a 3-month notice period, you are required to either provide the notice or pay the equivalent amount in lieu of notice.

If you are unable to provide notice due to personal circumstances such as having a baby, you may discuss the situation with your employer or approach the Labor Disputes Center for assistance.