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Dubai, UAE

Employee's obligation to serve the notice period upon termination

Dear Madam,

Greetings!

Since I have been terminated in a company located in Dubai, now I'm in 30 days' notice period. As per the UAE law, is it compulsory to attend the duty in notice period?

Do I have rights to claim in cash for my termination an exit flight ticket?

Hope to receive your valuable advice as soon, please.

Thanking you Madam.

Kochhar & Co Inc. Legal Consultants (Dubai Branch)
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16 Jul 2018, 08:05

FIXED TERM: If the contract has a FIXED TERM i.e. the starting date and the end date is mentioned, then if either party decided to terminate the contract without completing the contract period, then that party must pay the compensation subject to a maximum of three months' salary.

UNLIMITED TERM OR NO TERM MENTIONED: The minimum notice period is 30 days (Article 117) unless terminated under Article 88 and 120.

You have to check your contract as to the notice period mentioned and let us know the reason for termination

DUES: All employees must be paid their full salary and benefits for the duration of the contractual notice period until their termination date.

TERMINATION FOR A CAUSE: However, employees who are dismissed “for a cause” (under Articles 88 or 120 of the Labour Law) will be terminated immediately and will not be entitled to receive the end of service gratuity, notice of termination or any payment for the notice.

ARBITRARY TERMINATION FOR UNLIMITED TERM: An employee who is dismissed arbitrarily (without a cause or documentary evidence supporting poor performance) can claim an award of compensation up to three months salary, any contractual entitlements, payment in lieu of any unpaid part of the notice period; payment in lieu of accrued annual leave not taken and end of service gratuity. but you must file a case.

1) Only if you have worked there for over one year, you are entitled to severance pay on termination (Article 132).

2) Leave - Employee is entitled to two days per month (as the employee worked more than six months and less than one year of service and 30 days if more than one year - Article 75).

3) Air ticket only if the contract expires and you are going back home and not going to join a new employer (Article 131).

4) Notice period (30 days) - (Article 117).

I trust this will clarify your concerns.

16 Jul 2018, 08:15

Thank you very much for the reply, Madam, and I want to know the answer to the question below, please.

As per the UAE law, is it compulsory to attend the duty in notice period under the termination?

16 Jul 2018, 08:17

Yes, it is.

Both the employer and the employee must honour their obligations throughout the notice period i.e. the employer must pay for the notice period and the employee must work during the notice period.

Serving the notice period is mandatory unless the employer waives it and allows the worker to leave the job within the said period (of course pays the employee for the notice period).

If the employee fails to work within the notice period, he might lose his rights under the labour law and the employer may apply to the Ministry of Labour to impose a one-year ban on the worker.

16 Jul 2018, 08:23

Got it.Thank you very much for the immediate reply.

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