Does the employee get gratuity and leave pay if the notice period is waived?

Hello,

As per UAE labour law, even if both you and your employer agree to waive the one-month notice period after resignation, you are still fully entitled to receive your end-of-service gratuity and payment for any unused annual leave.

Please ensure your settlement includes these benefits. If you face any issues, you can file a complaint with MOHRE for support.

Greetings,

Yes, waiving the notice period by mutual agreement does not cancel your right to end-of-service gratuity or payment for unused annual leave, provided you meet the legal requirements under UAE Labour Law.

For a detailed review of your case and to protect your rights, we recommend booking a consultation with Future Vision for Advocacy and Legal Consultancy or authorizing our office to represent you.

Dear questioner,

Yes, if there is a written agreement not to serve the notice period, then you can claim. Even if there is no agreement, you still have rights, but the employer can make a counterclaim for compensation for not serving the notice period.

Thank you for contacting us via Legal Advice Middle East!

Your question relates to resignation terms and settlement of end-of-service rights. We previously advised in a nearly identical case where both parties mutually agreed to waive the notice period.

The agreement on notice does not affect your statutory entitlements. You remain entitled to receive end-of-service gratuity based on your years of service, as well as payment for accrued but unused annual leave days. These rights are independent from whether notice was served or waived.

The only difference is that since both sides agreed to waive notice, neither party can claim compensation for that month. Your gratuity and leave encashment, however, must still be calculated and paid in full at the end of service.

To guide you precisely, we would need to review your resignation agreement and final settlement draft. Our office can ensure your settlement reflects all your legal rights before you sign. We have multilingual consultants available in Arabic, English, Russian, Hindi, and Chinese to assist you.

Yes, you are still entitled to your end-of-service rights. Waiving or agreeing not to serve the one-month notice period does not affect your legal entitlement to gratuity and settlement of unused annual leave.

Under UAE Labour Law, gratuity is calculated based on your length of service and last basic salary, and any accrued but unused leave days must also be paid out.

The only impact of waiving the notice is that neither party can claim salary or compensation for that notice period; however, your gratuity and leave encashment remain payable.

I can review your contract and service details to calculate your exact entitlement and assist you in ensuring your employer pays you correctly. Many employers try to make deductions which are not allowed, so it’s important to proceed carefully.

You may reach me directly on [--------------] (WhatsApp or phone) so we can go over your documents and take the next steps to secure your dues.

Yes, you can still receive your end-of-service gratuity and unused vacation pay, as waiving the notice period does not affect your basic labor rights, such as receiving these benefits, according to the UAE Labor Law [1, 5].

The only condition is that you meet the eligibility requirements for the end-of-service gratuity, which include completing a certain period of continuous service.