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Termination of an employee while on annual leave

Hello,

Can I terminate an employee while he's on leave so that his notice period begins already?

Thank you!

Best regards

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Mohammad Salah Shoaib

Elnaggar & Partners

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25 Aug 2019, 09:57

If your employee is on vacation leave, of course, YOU CANNOT DO THAT according to the federal labour law.

Otherwise, he can claim compensation from you regarding that.

Please, do not hesitate to contact me on the phone.

25 Aug 2019, 09:59

Thanks a lot, Mohammed. I was already thinking that.

I couldn't find the right information regarding this on the government website.

I'm out of the country currently, thank you so much for responding so quickly! Much appreciated!

25 Aug 2019, 10:24

Welcome any time.

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Hari Wadhwana

Al Nassar Advocates & Legal Consultants

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25 Aug 2019, 10:02

Dear E.,

Thank you for reaching out to me on this.

Please note that as per Article 90 of the Federal Law No. 8 of 1980 an employer cannot terminate an employee while on leave. The relevant text of the article is as follows:

"Without prejudice to the cases in which the employer is entitled to dismiss the worker without notice or gratuity set forth herein, the employer may not dismiss the worker or give him a notice thereof while the worker is on a leave set forth in the present Chapter."

I trust you will find this helpful and shall clarify your doubt.

You can get in touch with me on email or phone for further assistance and clarification if needed.

Regards,

Hari Wadhwana

25 Aug 2019, 10:08

Thanks a lot Hari, for your extensive explanation.

I wasn't able to find this information online, but I was already thinking the same.

Thanks for responding so quickly!

25 Aug 2019, 10:24

No worries.

Good luck!

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