Can my employer enforce a 90-day notice period after violating my right to health insurance?

Dear Questioner,

Under UAE labor law, if you resign, you are generally required to serve your notice period, which is typically 30 days unless otherwise specified in your contract.

However, if your employer has violated your labor rights, such as failing to provide health insurance, you may have grounds to shorten your notice period.

Here are some considerations:

- Violation of Labor Rights:

If your employer has not provided health insurance as mandated, this could potentially be seen as a breach of contract, which may allow you to resign without serving the full notice period.

- Serving 30 Days:

If you decide to only serve 30 days, it’s important to communicate this formally to your employer. Be prepared for potential repercussions, including debates over your final settlement or a claim for breach of contract by your employer.

- Legal Advice:

I recommend documenting your resignation clearly, citing your reasons, including the lack of health insurance. If necessary, consult with a labor lawyer to ensure you are protected throughout this process.

If you need assistance drafting your resignation letter or navigating this situation further, please let me know.

Best Regards,

Ibrahim Al Banna Advocates & Legal Consultants

Dear Client,

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

In the UAE, employers must provide health insurance, and your employer's failure to do so may impact your notice period.

While serving only 30 days could lead to consequences, you have grounds to argue against the full 90-day commitment due to health reasons.

Consult with the Ministry of Human Resources and Emiratisation or a legal expert for guidance on your rights.

Thanks & Regards,

ABDUL WAHIED

The notice period is only 30 days.

Dear Questioner,

Good morning!

If your employer has violated your legal right by not providing health insurance, you may have grounds to reduce your notice period. However, here are the key points to consider:

1. Employer's Obligation to Provide Health Insurance:

In the UAE, employers are required by law to provide health insurance for their employees. If your employer has failed to do so, it is a breach of labor rights, which could impact the enforcement of your contract terms, including the notice period.

2. Impact on Notice Period:

Under UAE labor law, if an employer fails to meet their obligations, such as providing health insurance, you may have a valid reason to request a shorter notice period. While the default notice period is typically 90 days, the breach of your rights can be used as a valid justification to shorten this period.

3. Legal Implications of Leaving Early:

Although you are justified in reducing the notice period due to the employer’s failure to provide health insurance, there could still be consequences.

The employer may withhold part or all of your end-of-service benefits, such as your gratuity, or claim compensation for the unfulfilled notice period, depending on the terms of your employment contract.

4. Steps to Take:

- Discuss with the Employer: Before leaving, it may be beneficial to address the issue directly with your employer and explain the violation of your rights regarding health insurance.

- File a Complaint: If an agreement cannot be reached, you can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) to resolve the issue of the notice period and health insurance violation.

If you choose to serve only 30 days of your notice period, be prepared for the potential financial consequences, including a reduction in your gratuity or other claims by your employer.

Dear Inquirer,

We are pleased to serve you and address your inquiries.

In order to get the right answer, we suggest contacting the government entities (MOHRE).

Hello,

If your employer has failed to provide health insurance, this is a violation of your rights as an employee, especially if health insurance was promised or is a legal requirement in the emirate in which you are working.

If your employer has not provided health insurance as required by law, this can be considered a breach of contract or a violation of your legal rights.

According to UAE Labor Law, the standard notice period is 30 days, but it can be extended to 90 days if agreed upon in the employment contract.

If you are unable to continue due to health reasons, or if your employer has failed to provide the required health insurance, you may have grounds to request a shorter notice period.

However, if your contract explicitly states a 90-day notice period, and if you don’t have an agreement with your employer to shorten it, legally, you are expected to serve the full notice period.

Failure to comply could result in penalties, such as the employer seeking compensation for the unserved notice period.