Questions & Answers
In case of resignation, does the notice period include the annual leave?
An employee has 2.5 weeks of annual leave booked next month. She has now resigned.
Does the notice period include the annual leave?
If the annual leave was approved before the resignation, is she still legally allowed to take that leave?
Welcome.
The employee is entitled to take the annual leave approved before the resignation, subject to the employer's approval, or they may be compensated for the leave if they are unable to take it.
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The worker is entitled to receive wages for the days of accrued leave if he leaves work before using them, regardless of their duration, in relation to the period for which he did not take his leave.
She is also entitled to leave wages for parts of the year in proportion to the amount he spent at work, and it is calculated according to the basic wage.
The employment contract continues throughout the warning period referred to in this article, and ends at the end of the period.
The worker is entitled to his full wage for that period according to the last wage he received, and he must work during it if the employer requests him to do so.
It is permissible to agree on an exemption from the warning condition or reduce its period while preserving the worker’s full rights for the notice period agreed upon in the employment contract.
When an employee submits her resignation, she must adhere to the notice period stipulated in the employment contract, which must not be less than 30 days and not more than 90 days, according to Article 43 of Federal Decree-Law No. 33 of 2021 Regulating Labor Relations.
With regard to annual leave during the notice period, there is no explicit legal text that prevents an employee from taking her annual leave during this period.
If the leave has been previously approved before submitting the resignation, the employee is entitled to benefit from it, unless the two parties (the employee and the employer) agree otherwise.
It is important to coordinate with the employer to ensure that work runs smoothly, and the two parties may agree to postpone the leave or compensate it financially if this is in the best interest of the business.
It is advisable to review the company's internal policies and communicate directly with the Human Resources Department to ensure compliance with the applicable systems and procedures.
According to UAE Labor Law, the notice period does not include annual leave. If an employee resigns and has accrued annual leave that they haven't used, they are entitled to be paid for those unused days.
The payment is usually based on the employee's basic salary, excluding allowances and bonuses.
Dear questioner
The annual leave approval and cancelation are according to the company policy, but you can file a complaint with the free zone authority (if your visa is from the free zone) or MOHRE (for mail and company visa) against the company.
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