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Prevailing provision in case of conflict regarding the notice period

There it is an unlimited contract in a free zone. The main employment contract states that the employee should render not less than 30 days' notice.

However, an addendum has also been signed by both parties stipulating that the employee should now render a notice for 3 months.

In such a case, which document must be followed, the employment contract or addendum?

Camelia Garcia Er-Rajaoui

United Advocates

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29 Jan 2019, 13:01

The addendum prevails if it was agreed on and signed by both parties after the agreement.

If both documents have the same date, the clauses contradicting are therefore invalid and the employer shall fix them and make it clear.

29 Jan 2019, 13:15

Thank you for your response.

If the employer insists that there is no need of a “fix” on such “details” and the addendum must be followed under any circumstance, and are even telling the employee that they might file an absconding case (for only rendering 30 days and failure in completing the 3-month notice), is that legally possible? What should the employee do?

29 Jan 2019, 13:21

That clause will be considered invalid in court.

So if you want to avoid going into dispute, respect the 3 months' notice. You can put a claim in the Ministry of Human Resources.

29 Jan 2019, 13:35

Thank you.

Kindly confirm which clause is invalid in court and please advise further about your statement that I can put a claim in the Ministry of Human Resources.

Do I have the firm ground to proceed in filing a complaint directly to the DHCC regulatory board?

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