Questions & Answers
DIFC employee resignation: Must untaken leave be paid?
Dear Sir/Madam,
For a DIFC employee who resigns and has an untaken leave balance, what are the options?
Can we ask this employee to take the leave in addition to the notice period?
Are we obligated to pay for the untaken leave, or can this be considered lost?
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
The treatment of untaken leave balance for a DIFC employee upon resignation depends on the employment contract and company policies.
It may be used during the notice period if agreed upon, paid out as part of the final settlement, or subject to other arrangements outlined in the contract.
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.
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ABDUL WAHIED

Dear Questioner,
This will be decided according to the policy of the company.
If there are certain terms regarding annual leave, then the terms have to be followed by both parties.
If nothing has been mentioned about the encashment of annual leave, the firm's policy will be followed.
If you want to have another discussion, we will schedule a consultation session.
Share your WhatsApp number if you want to proceed.
Dear Questioner,
Thank you for reaching out with your inquiry regarding the untaken leave balance for a resigning DIFC employee.
I understand the importance of addressing this matter promptly. Based on the information you provided, I would like to offer the following guidance:
In the DIFC, the treatment of untaken leave upon an employee's resignation depends on various factors, including the employment contract and relevant employment laws.
Generally, employers have a few options in such situations:
- Include Leave in Notice Period:
Employers may request employees to utilize their untaken leave during the notice period. This can be mutually agreed upon between the employer and the employee.
- Payment for Untaken Leave:
Depending on the employment contract and applicable regulations, an employer may be obligated to compensate the employee for the untaken leave upon resignation. It's crucial to review the employment contract to determine the specific terms regarding leave entitlement and payment.
- Consideration of Lost Leave:
In some cases, if the employment contract explicitly states that untaken leave will be forfeited upon resignation, and this is legally permissible, it may be considered lost. However, this needs to be in line with the employment laws and regulations.
I recommend a thorough review of the employment contract and relevant legal provisions to determine the most appropriate course of action in your specific case.
If you would like to discuss this matter further or require personalized advice based on the details of your situation, please feel free to reach out to me directly via WhatsApp or phone.

Dear Questioner,
If the employer is willing to provide the annual leave during the notice period, you can discuss the same, but it is up to the employee whether to accept it.
Also, if there is untaken leave, the employee is entitled to receive leave salary counted upon his basic salary.