Questions & Answers
Do I still need to pay his full notice period for redundancy if he leaves before finishing it?
Hi.
I had to make some employees redundant as per their contract, and I gave them a notice period.
One employee who I made redundant wants to leave in his notice period for a new role to begin next week and wants me to cancel his visa.
In this scenario, what do I owe him legally other than his gratuity payments?
Do I still need to pay his full notice period for redundancy?
No, hence he couldn't complete his notice period you are not obligated to pay him the notice period salary.
Instead, due to this fact the employee should pay to the company in the form of payment in lieu of notice.
If you need further clarification we will discuss more. Kindly share your WhatsApp number to proceed.
Dear questioner
He is required to pay a payment in lieu of the notice if he is leaving the company without completing the notice period.
If he does not pay then you can hold the gratuity and no need to pay the salary.
For further clarification, kindly share your Whatsapp number.
Hello,
Based on the UAE Labour Law No. 33 of 2021 concerning the termination of employment relationships, specifically Article 42, Clauses 1 and 3, it is permissible for both parties to mutually agree in writing to terminate the employment relationship, or for one party to request termination provided that the agreed notice period is observed.
Furthermore, Article 43, which pertains to the notice period, requires the employer to provide notice to the employee and for the employee to work during that notice period.
Applying these legal principles to your situation, the employee can choose not to complete the notice period, and you would not be obligated to pay for the portion of the notice period not worked by the employee.
However, this must be done upon a formal request from the employee and based on their desire.
If you need any further assistance or clarification, please let me know.
Dear Inquirer
In the UAE, when an employee is made redundant, the following legal considerations apply:
Notice Period Payment: Generally, you are required to pay the employee for the full notice period unless the employee requests to be released from it and you agree.
If the employee is requesting to leave during the notice period to start a new job and you agree, you are typically not obligated to pay for the remainder of the notice period if they leave early.
However, you should confirm this based on the specific terms of their contract and UAE labor law.
Gratuity Payment: You are required to pay the employee their end-of-service gratuity based on the length of their service, calculated according to UAE labor law.
Visa Cancellation: You are obligated to cancel the employee's visa upon termination of employment. The employee cannot leave the country legally without having their visa canceled.
Final Settlement: Ensure that all dues, including any outstanding salary, accrued leave, and gratuity, are settled before the employee's departure. It is best to have a lawyer present to prevent any risks that may occur.
If you need further clarification, you can contact us.
Hello,
Thank you for your message.
In cases of redundancy, the employer is generally obligated to pay the employee for the full notice period, even if the employee wishes to leave early to start a new role.
However, if both parties mutually agree, you can negotiate the terms, such as canceling the visa and settling on compensation for the unused portion of the notice period.
In addition to gratuity payments, you must ensure that all dues such as pending salaries, any accrued leave, and end-of-service benefits are also settled.
It would be best to review the specifics of the employee's contract and the applicable labor laws to determine if any additional obligations arise. I can assist you in assessing the situation more thoroughly.
Feel free to reach out to me on WhatsApp or via email to discuss further.
Best regards,
Suhail Rana
