أسئلة وأجوبة
I resigned from my company and the company deducted my notice period after serving it. What to do?
I resigned from my company last month after completing almost 1.5 years of service and have received my visa cancellation and labor contract termination.
Although I only received the End of Service (EOS) document and details last week, I noticed that a deduction was made, with the company stating that I had not completed my notice period.
Upon reviewing my contracts, I found that my company’s internal contract specifies a two-month notice period, whereas the MOHRE contract states only one month. I served approximately 35 days of my notice period.
When I raised this concern with the company, they responded that it is their internal policy to deduct an amount from employees who serve less than two months of notice, regardless of what is stated in the MOHRE contract.
I would like legal guidance on this matter. If I file a complaint, will it affect the remaining balance amount that the company is supposed to pay me?
Thank you.
File a complaint with MOHRE to challenge the unlawful deduction.
Provide copies of both contracts (MOHRE and internal) as evidence.
MOHRE will likely rule in your favor, ensuring you receive the full remaining balance.
Filing a complaint will not affect your remaining balance; it will help you recover the deducted amount.
We can help with the procedures, contact GS Advocates & Legal Consultants by phone. We can guide you through the process!
Greetings,
Your company's deduction based on an internal contract that contradicts the MOHRE contract may not be legally enforceable.
The MOHRE contract takes precedence in case of discrepancies, meaning your notice period should be one month, as stated in the official contract.
If you file a complaint, your remaining dues should not be affected, as the company is legally obligated to pay them. However, the process and outcome depend on the specific details of your case.
To ensure you recover your rightful dues, we recommend booking a consultation with Future Vision for Advocacy and Legal Consultancy or appointing us to handle your case.
Let us know how we can assist you further.
Hello,
The Ministry of Human Resources and Emiratisation (MOHRE) contract is the official employment contract registered with the UAE government.
According to UAE labor law, the terms of the MOHRE contract take precedence over any internal policies of the company.
If your company’s internal contract specifies a two-month notice period, it is not legally binding if it conflicts with the terms outlined in the MOHRE contract.
The MOHRE contract takes precedence, and if it specifies a one-month notice period, that is the period you are legally required to serve unless both parties mutually agree to an extension.
The company cannot make a deduction for not fulfilling the two-month notice period, as your legal obligation is only to serve the one-month notice as per the MOHRE contract.
The employer can only deduct from your End of Service Benefits (EOS) if you fail to meet the minimum notice period required under your MOHRE contract (i.e., one month).
Since you served 35 days (which is more than one month), the deduction should not be based on the internal policy, as it’s not legally enforceable.
For further assistance, kindly share your Whatsapp number.
Dear Questioner,
Thank you for reaching out with your inquiry.
Based on the information you provided, the deduction made by your employer based on the two-month notice period is not in accordance with UAE labor law if it conflicts with the terms of the MOHRE contract.
You have the legal right to dispute the deduction. Filing a complaint with MOHRE will not adversely affect your remaining EOS balance if the complaint is justified.
Next Steps:
Document the Discrepancy: I recommend gathering and documenting all the communications with your employer regarding this issue, including the internal contract, the MOHRE contract, and the responses from the company about the deduction.
File a complaint with MOHRE: If you are confident that the employer is in violation of your rights, you can file a complaint with MOHRE regarding the discrepancy in the notice period and the deduction made.
MOHRE will investigate and determine the appropriate course of action.
Legal Assistance: If you need help filing the complaint or require further legal representation in this matter, I would be happy to assist you throughout the process.
Please let me know if you require further clarification or if you would like assistance in filing the complaint.
Best regards,
Mohammed Salah
Legal Consultant
Hello!
Welcome to Badr Legal Consultants.
It’s highly likely that the company's internal policy cannot override the terms of your MOHRE contract unless overriding clauses are specifically mentioned in the internal contract.
Filing a complaint or seeking clarity with MOHRE should not affect your remaining balance and may result in the company being required to refund the unfair deduction.
To seek further legal assistance or intervention, you can reach out to me on the phone.
