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Can I serve one month out of three months notice period to take another offer?

Hi,

Good Day

I would like to inquire regarding my case.

Currently, I have a limited contract with 3 months notice period. My first contract started in November 2020 and ended in 2022.

I recently (December 2022) renewed my limited contract after finishing my first contract with the same company. Now I got an offer from another company with a 50% hike in salary and the new company can hire me only if I join within a month's time.

My present company is having 3 months notice period. I am willing to serve 1 month's notice period and ready to compensate for the remaining two months.

My current employer is not accepting this and asking me to serve 3 months. Is there any option that I can move out after serving one month's notice period and without getting a labor ban?

Kindly advise.

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Laila Hamza Al Mulla Advocates and Legal Consultants
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31 Jan 2023, 08:37

Unfortunately, the 3 months notice period must be served.

31 Jan 2023, 09:24

But when I called the labor law office, they told me I can leave by serving one month and paying 2 months' salary as compensation as per article 43 UAE labor law.

Is the information I received correct or wrong?

31 Jan 2023, 10:25

Valid, subject to the consent of the employer.

31 Jan 2023, 17:03

Thank you.

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Shamsa Albedwawi Advocates & Legal Consultants
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31 Jan 2023, 10:59

Hi,

You will have to abide by your employment contract and serve him 3 months' written notice as the employer is not agreeing to the compensation.

If you leave in between, it will amount to a breach of the contract and the employer can put a labor ban on you.

So, it is advisable to negotiate with him, and if he agrees get everything in writing to avoid any future implications.

Thanks

31 Jan 2023, 11:07

Thanks.

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Mohamed Bakheet Advocates & Legal Consultants
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31 Jan 2023, 15:47

File a complaint with the Ministry of Labor and Employment.

31 Jan 2023, 17:03

Thank you.

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