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Can you resign after finishing one year of service to take a better offer?

I have been working as a Finance Manager in an LLC. My labor contract was executed in November 2020.

Now 13 months over and I have got another job offer with a better salary in another LLC and in another emirate.

Can I submit my resignation to leave within 30 days?

Please let me know the legal issues.

Hussain Lootah & Associates
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20 Dec 2021, 07:23

Dear Questioner,

Thank you for me contacting me.

Unfortunately, you have not specified the nature of your employment contract.

If yours is an unlimited contract, you may serve a notice of 30 days and at the end of 30 days, you may exit the company.

If you are unable to serve 30 days notice period, you are liable to pay compensation in lieu of the notice period.

This is in accordance with Article 119 of UAE Labor Law which states as follows:-

"If the employer or the employee has failed to serve notice to the other party for termination of the contract or has reduced the notice period, the party obliged to serve the notice shall pay to the other party an indemnity called 'Compensation in lieu of notice', and it is incurred by the other party as a result of failure to give notice or for reduction of said period, and the indemnity shall be equal to the employee's pay for the notice period in full or in proportion to the diminished part".

If yours is a definite term contract, you are liable to compensate your employer with an amount equivalent to 45 days' salary. This is in accordance with Article 116.

In addition to this, you shall pay compensation in lieu of notice if you are unable to serve the period prescribed [if any] in the employment contract.

Please feel free to reach out to me if you need any further clarification.

Thank you.

Regards,

Rajasree Ravivarma

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