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Is it legal for a company to cancel approved annual leave during the notice period?

Hello,

I resigned from a free zone company. I had booked two weeks of leave earlier, but when I resigned, they asked me to cancel the approved annual leave to serve the full 30 days in the office.

I have been working with this company for over two years, and there is nothing in the contract about canceling leave during the notice period.

Is that legal?

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London Center for Legal Consultancy Office
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19 Nov 2024, 04:44

Welcome,

For sure, that's illegal. You can ask them about the reason. We are honored to provide you with legal support.

For further inquiries regarding your issue, you can visit our office or contact us via phone, WhatsApp, or email at [--------].

Alternatively, share your WhatsApp number so we can reach out to you.

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KHE Legal Consultancy
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19 Nov 2024, 05:08

Dear questioner,

As per the law, it is at the company's discretion to determine the timing of annual leave based on the workload. However, there are certain complications.

You can still file a complaint with the Free Zone authority regarding the cancellation of your annual leave request.

If you need further clarification, kindly share your WhatsApp number.

19 Nov 2024, 05:10

Generally, if you’ve already had your annual leave approved by the employer, they cannot unilaterally cancel it, especially if there is no specific clause in your contract allowing them to do so.

The fact that you’ve been with the company for over two years and the leave was pre-approved is significant.

While employers can request employees to serve the notice period and continue working, they don’t usually have the right to cancel approved annual leave unless the employee's presence is crucial during the notice period, or there are exceptional circumstances (e.g., the employer cannot afford to let you be absent during this time).

However, this should have been explicitly mentioned in your contract or company policy.

You are generally required to serve the full notice period as per your contract unless mutually agreed otherwise.

If you feel the cancellation of your leave is unfair, you can attempt to negotiate with your employer to either honor the leave or come to a compromise (e.g., taking leave at a different time).

Clearly, communicate that the leave was approved, and refer to the absence of any clause in the contract that allows for cancellation of approved leave.

For further assistance, kindly share your WhatsApp number.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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19 Nov 2024, 06:58

Dear Questioner,

It appears that requiring you to cancel an already approved annual leave may not be legally justified if there is no provision in your contract allowing for such action during a notice period.

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