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Dubai, UAE

Notice period and gratuity of the employee who resigns due to salary non-payment

Hello,

I am on an unlimited contract with a free zone company in Dubai. I haven't been paid my salary for many months. I decided to resign under article 121.

Question 1: when calculating my gratuity, is it considered as Resignation or Termination?

Question 2: if I have a 3-month notice, resigning under article 121 entitles me those additional 3 months?

Thank you!

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Elnaggar & Partners
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4 Nov 2021, 10:54

Dear Questioner,

In such a case, you should notify the company with immediate effect that you are requesting your pending salaries.

The company should pay you the pending or else you will resign based on article 121.

And this will not be counted as a resignation before the judge if the matter went to court.

For more information kindly contact me at my email.

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