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How to reduce the notice period upon resignation in an unlimited contract?

Hi Maha,

I am an employee with a private firm on an unlimited contract. I have resigned and my contract is for 60 days, however, I want to serve only 30 days due to other issues.

The company force me to serve full 60 days contract. Can I use "compensation in lieu of notice" and pay for the 30 days notice or can the company (if they want) still put a one year ban on me?

Regards

Maha Bin Hendi Law Firm
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8 Oct 2020, 09:35

Thank you for your enquiry.

As per Article (129) of the Federal Law No. (8) of 1980 On Regulation of Labor Relations stipulates that:

“A non-National, who notifies the employer of his desire to terminate his indefinite term contract but abandons his work before the expiry of the statutory period of notice, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.”

This means that if you have an unlimited employment contract and you wish to terminate and the notice period has not been fulfilled, you might not be able to join any other employer for one year.

The compensation mentioned in Article (116) of the said law does not prevent the employer to request the application of the ban mandated by Article (129).

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