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Is the company obliged to pay the notice period if the employee requests not to serve it?

Topic: Pay-out of Notice Period (UAE)

Employer's Question: An employee (who has resigned) does not wish to work his notice period, and the company agrees with this as they see no reason for the employee to work.

Does the company become liable to pay out the employee's notice as this was a mutually agreed decision?

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Shamsa Albedwawi

Shamsa Albedwawi Advocates & Legal Consultants

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17 Apr 2023, 08:10

Hi,

If the employee has requested not to serve the notice period, then in that case the employer is not obliged to compensate for the payment of the notice period.

However, you should take in writing from the employee that the employee is not willing to serve the notice period.

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Ahmed Abbas

Dr. Mohamed Alhammadi Advocates and Legal Consultants

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17 Apr 2023, 08:41

Yes, the company has to pay the notice as long as the company agrees.

17 Apr 2023, 08:42

If the company did not agree and the employee did not work, the company shouldn't pay him the notice as well as the employee needs to pay the company.

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Ahmad Amiri

Amiri Advocates & Legal Consultants

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18 Apr 2023, 06:11

Yes, the company is responsible for paying his salary for the notice period as long as he puts himself at the disposal of the company during that period.

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