Questions & Answers

Ask a lawyer
All cities, UAE

When would a notice period begin upon resignation rejection?

Good day,

I am currently under a 2-year limited contract in Dubai, which began on March 17, 2022. I submitted my resignation on January 15, 2023, due to personal reasons, as I need to return to my home country.

My employer replied on the same day that my resignation has been rejected. I will be serving my 2-month notice period, which will end on March 14, 2023, as stated in my resignation letter.

I have also requested to have at least 10 days removed from my notice period, which can be deducted from my remaining leave credits.

As of today, I have not received any update regarding my resignation, except for my direct manager replying to the rejection email from our HR department.

- When will my notice period start?

- Will I be liable to pay early termination compensation to my employer even if I serve my notice period?

- Will I be entitled to a 1-year gratuity, since my resignation has not been acknowledged until now, and my notice period will end around my 1st year in the company?

Kindly advise.

Thank you!

Premium
Elnaggar & Partners
Chat
Hire
Meet
23 Jan 2023, 12:32

Hello questioner,

Basically, a resignation or termination notice is a formal notification of ending the current labor contract, it is not subject to be acknowledged and not subject to be signed, and once served, it is effective and in place.

Thus, your notice period shall end on March 14th, 2023, further, you are not entitled to receive Gratuity since you served under one year, you only deserve your salary and unused annual leave.

Accordingly, you are entitled to your notice period salary and unused annual leave, additionally, if you wish to do early termination, you will have to pay them your remaining notice period as compensation to avoid a ban in the future.

Finally, your resignation is in place since Jan 15th.

23 Jan 2023, 15:40

Dear sir,

Further to my inquiry, the early termination compensation that I will only pay is for the days that I will not serve my notice period. There is no payment to be made as per the following:

“early termination compensation” of a minimum of three months' remuneration, including salary and allowances, (or the remainder of the term of the contract if the period remaining is less than three months).

Since I will not finish my contract.

Thank you!

24 Jan 2023, 05:11

Yes, correct!

No compensation anymore is applicable to early termination aside from the notice period.

Premium
Laila Hamza Al Mulla Advocates and Legal Consultants
Chat Hire
Meet
23 Jan 2023, 16:07

Dear questioner,

The notice period is calculated from the time of receipt of the email.

The employer is compensated for early termination and is entitled to an end-of-service bonus.

Premium
Mohamed Bakheet Advocates & Legal Consultants
Chat Hire
Meet
23 Jan 2023, 18:59

Dear questioner,

File a labor complaint to claim labor dues.

Fixed-fee services
2 2 available services •  View all
Get quotes from lawyers
Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer