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Can my free zone employer legally extend my 60-day notice period to 90 days despite my contract?

Dear Sir,

I am working for a free zone company with a 60-day notice period in my contract. I am currently serving my notice period, but my employer claims that all employees have a 90-day notice period and is asking me to serve 90 days as well.

Is this legally correct, considering that I am not under a labor contract, as my company operates within a free zone?

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KHE Legal Consultancy
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6 Nov 2024, 04:20

Dear Questioner,

Since you're working under a free zone company and not governed by the UAE Ministry of Human Resources and Emiratisation (MOHRE), the terms outlined in your employment contract with the free zone authority apply.

If your contract specifies a 60-day notice period, then that is the legally binding notice period for you unless your employer can show a valid amendment to the contract that you agreed to.

Your contract explicitly states a 60-day notice, so this is what you are required to fulfill unless both parties mutually agree otherwise.

Each free zone has its own employment regulations, which can sometimes differ from UAE labor law. You may reach out to the relevant authority in your free zone for clarification and to lodge a complaint if your employer insists on the 90-day period despite the contract.

For further assistance, kindly share your WhatsApp number.

10 Nov 2024, 11:15

Thank you for the reply

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Khalid Alsarookh Advocates and Legal Consultants
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6 Nov 2024, 10:51

Dear Questioner,

Based on UAE law, especially within the context of free zone companies, the terms stipulated in your employment contract are legally binding unless amended by mutual agreement.

- Contractual Obligation:

If your employment contract specifies a 60-day notice period, this is the notice period you are legally obligated to serve.

Your employer cannot unilaterally change this to 90 days unless both parties agree to and document such an amendment.

- Free Zone Regulations:

While free zones have their own regulations, they generally adhere to principles similar to those of the UAE Labour Law, which supports that any change in contract terms must be agreed upon by both the employer and employee.

- Unilateral Changes:

Modifying contractual terms without the employee’s consent is not legally enforceable. Your employer cannot compel you to serve a longer notice period than what is stipulated in your signed contract unless you agree to it.

Next Steps:

I recommend discussing this matter with your employer and highlighting that your contract clearly states a 60-day notice period.

If they insist on the 90-day period, request written clarification of their policy and seek to understand if any specific regulations within your free zone allow such a change.

If the issue persists, we can take further legal steps to address this matter and ensure your rights are protected.

Please let me know if you require further assistance or wish to discuss this matter in more detail.

Warm Regards,

Omar Mosaad

10 Nov 2024, 11:16

Thank you for the reply

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