Questions & Answers
My company will not renew my contract. Can they file absconding if I left before the contract expiry?
This is my case right now. I finished my 2-year contract with a company. They decided not to renew me anymore. My work is as a waiter. My renewal date is supposedly December 6, 2024.
I had my last day with them last November 2, 2024. I should be doing a handing over for 1 month but I did not fulfill this, since I already started in my new company.
Questions:
1. Can they sue me for absconding?
2. Will I still pay the company for the remaining days that I did not do the handing over or they will just not pay my salary for the handing over month and will not give me my gratuity?
Hello,
Absconding typically involves a worker who leaves the job without notifying the employer and is absent for seven consecutive days.
If your contract or any internal policy states that employees must complete a one-month handover period upon ending the contract, you are expected to stay and do this.
You are eligible for end-of-service gratuity because your employment contract has naturally ended after two years, and gratuity is calculated based on your time working with the company.
Under UAE Labor Law, the gratuity payment should not be affected by whether or not you complete the handover period, as gratuity is based on completed service.
They cannot legally withhold your gratuity unless there's a significant breach of contract, which does not appear to apply in this case.
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