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The application of notice period in case of resignation during the probation period

Good day, All

I am under an unlimited contract. I am still under the 3-month probation. In the 2nd month, I was given a role that was not agreed upon with them and not congruent with my position because the role needs a license which I don't have.

I have the skills and qualifications for that role so I was compelled to do it because I am new and wanted to keep my job. That time I have voiced out that I don't agree with that but there was no response from them.

Now, in the 2nd month of the project, they still want me to do the job but I refused and told them either they clarify and remunerate me fairly or I should just resign which I did.

My notice period, as per the contract, is 3 months and I want to adhere to that because I still need to find a job meantime. But they emailed me that I can only work up to the end of the week because the notice period does not apply under probation.

The Labor told me, when I called them, that I should serve my notice and if they want to end the notice, they should pay in lieu of the notice period.

Please advise!

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14 Feb 2021, 09:33

Good day,

With reference to your question, kindly be advised that, if according to your contract it is written that it is 3 months notice, you might have to work with the company this time (according to article 118 UAE Labor Law).

According to article 119 of the UAE Labor Law, either the employer or worker disagrees to serve the notice period, forbearing party shall pay "compensation in lieu of notice".

The compensation shall be equal to the last monthly wage.

In case you need any further assistance, kindly contact us via email.

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