Questions & Answers
Employee rights in case of resignation during unapproved absence
I work as an admin assistant for a private school in Dubai.
A teacher joined us on 17.03.2017 as an Art Teacher. On 5th December 2019, She travelled to her home country on the demise of her mother with no official communication to any member of the SLT and Principal.
On 3rd January 2019, she sent an email to the principal for extending her holidays till 20th January on the ground of medical leave. She didn't come back at all yet.
On April 18th, 2020, she sent her resignation via email. My question here, since she is under school labour contract and she didn't serve her one month notice period, is she eligible to the end of service benefits?
I would appreciate it if you could guide us with the legality of this matter.
Thanks,
S.
Dear questioner,
Pursuant to your question, you can terminate the employee as per Article 120 of the UAE labour law.
Further, as per the labour law, if the employee is terminated as per article 120 of the UAE labour law, then there is no requirement for the employer to pay EoSB (Gratuity) to the employee.
If need be, kindly contact us by phone for a detailed discussion or write to us at our email for further assistance.
