The termination of labor contract during probation period - Q&A - Legal Advice Middle East

Question

Q: I am in the probation period. I would like to leave the UAE without informing the employer. What are the consequences… A: A limited contract cannot exceed two years' term and it must mention the notice period ranging from a minimum of one month to a maximum of three months…

Naser Muhyealdeen · Accepted Answer

We would need to understand if your contract is limited or unlimited. Based on that we can advise you more specifically. However, we are listing both scenarios for your reference: Limited contract A limited contract cannot exceed two years' term and it must mention the notice period ranging from a minimum of one month to a maximum of three months. Either party can solely terminate the original contract or a renewed contract provided he complies with the legal consequences of early termination which include: - Notifying in writing at least one month in advance but no longer than three months - Honouring the contract obligation for the duration of the notice - Compensating the other party to the level that was agreed to by both parties, provided this does not exceed the equivalent of three months' gross wages. Basis for termination A limited contract can be terminated on the following bases: - If the term of the contract expires and is not renewed. - If both, the employer and employee mutually agree to end it. - If a worker commits any of the violations as mentioned under Article 120 of the Labour Law. Unlimited contract In the case of unlimited contracts, an employment relationship is terminated in one of the following instances: - Both employer and employee mutually agree to terminate the contract. - When either party decides, at any time, to terminate the contract provided that the terminating party abides by the legal notice requirements and continues to honour his obligations for the duration of the notice period, which cannot be less than one month and no longer than three months. - When either party acts unilaterally to terminate the contract, without complying with the legal notice and without reasons of default by the other party. In this case, the terminating party bears the legal consequences of early termination.

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