Questions & Answers
How to calculate the notice period in case of termination job at school mid-year?
Hi,
I need advice on the termination of the contract and notice period.
I am in the 1st year of my 2nd fixed-term contract with my employer (school) and was terminated on 21 March due to restructuring.
Firstly I'd like to know what I am entitled to in terms of end of service.
Secondly, my employer's contract says I have to give one term notice, so they want my last working day to be 5th July.
However, my MOHRE contract states 'the terminating party shall notify the other party of such desire 3 months as a prior notice before the determined date of termination, such period shall be similar for both.
My employer is saying that because we had 2 weeks of spring holiday and then 1 week of Eid, my notice period does not include the holiday (I was terminated before the holiday began).
Please, can you advise on the correct date of the end of the notice period?
Also how to get the employer to agree.
Dear questioner
As per UAE Labor Law, there are no such terms that the notice period shall be calculated without including holidays it is according to the company policy, however, you can challenge this in MOHRE.
Regarding your end-of-service benefits, you are entitled to the gratuity calculated up to until the notice period and also the pending annual leave salary. If you need further clarification, please share your Whatsapp number.
Dear Inquirer
We are pleased to serve you and address your inquiries.
You can contact the Ministry of Emiratisation and Human Resources to inquire about the provisions of the contract between you and the employer
If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Law Firm Legal Counsel and Consultations
