Q: I have been working for an Indian based IT company. I was working in the UAE through their UAE branch. Which policy would be applied for my resignation? A: For any action in the UAE, the UAE laws will apply of course. The law does not specify the number of days of the notice period…

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Applying the UAE labor law to an employee working in a branch of a foreign company

Dear All,

I have been working for an Indian based IT company for the last 7 years. In the last 3+ years, I was working in the UAE through their UAE branch. Now I have resigned for another job.

Which policy would be applied for my resignation?

Indian policy (90 days Notice Period) or UAE (Limited Contract)?

If the UAE policy is applicable, what would be the best option to serve 30 days notice period?

Regards,

Tony Maalouli

ProConsult Advocates and Legal Consultants

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12 Dec 2019, 09:55

For any action in the UAE, the UAE laws will apply of course. The 30 days notice has no special form dictated by the UAE laws and can be served in any number of ways provided that you can establish that you served such notice to your employer in the event of any dispute.

Therefore, we always advise serving a notice in writing with an acknowledgment of receipt by the company or by email, unless your employment contract provides for a special form for serving such notice.

12 Dec 2019, 12:48

Thank you, Sir!

I see that there is nothing mentioned in the contract about my notice period. However, it’s a LIMITED contract.

I need to join the new company within 30 days. But my current company is asking to serve 90 days; following the Indian notice period policy.

What can I do in this case, Sir?

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Michael Lane

Swiss Group Legal Ltd

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12 Dec 2019, 10:26

Dear questioner,

The laws of the UAE will be applicable to your resignation, nevertheless, the law does not specify the number of days of the notice period.

Your employment contract will include the number of days which is not less than 30 days.

Good Luck!

12 Dec 2019, 12:47

Thank you, Sir!

I see that there is nothing mentioned in the contract about my notice period. However, it’s a LIMITED contract.

I need to join the new company within 30 days. But my current company is asking to serve 90 days; following the Indian notice period policy.

What can I do in this case, Sir?

16 Dec 2019, 07:55

The UAE laws should apply to all employees holding a work permit in the UAE.

If the 90 days notice period was not agreed in writing with your employer, then you can explain your rights and find an amicable solution. Otherwise, you can file a complaint at the ministry of labor.

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