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Can an employer deny annual leave pay because it falls in the notice month?

Dear Sir/Madam,

My notice period falls in the 12th month of my second year of service. So, they have to pay me my annual leave salary, and the same month will be my notice month as I will be resigning.

Can they reject paying for annual leave because it falls in the notice month, and they will need me to work during that month for handover?

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Dar Al Haqooq Legal Consultancy
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18 Dec 2023, 09:46

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

In the UAE, your employer should pay you for accrued but unused annual leave when you resign, even if it falls within your notice period.

Your notice period and annual leave entitlements are separate rights.

If your employer refuses to pay for annual leave, discuss it with HR, refer to your contract, and consider seeking assistance from MOHRE if necessary to protect your rights.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will be happy to help you.

Thanks & Regards,

ABDUL WAHIED

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KHE Legal Consultancy
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18 Dec 2023, 10:19

Dear Questioner,

Employees in the UAE are entitled to annual leave and leave salary, regardless of their resignation or notice period.

But it is mandatory to serve the notice period, otherwise, you are required to make the payment in lieu of the notice period.

If the leave salary is not paid, then you can file a complaint in MOHRE.

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