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How can I join a new job in one month with overdue salary and a three-month notice?

Hello,

I renewed my visa with my current employer last year (June 2024). I would like to resign and give a one-month notice.

However, according to my labor contract, my notice period is three months. Our salaries have been delayed for three months and are now almost four months overdue.

What should I do since I need to join a new company in one month?

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London Center for Legal Consultancy Office
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28 Jan 2025, 05:50

According to UAE labor law, a salary delay of more than 60 days is considered a breach of contract, giving you the right to resign without serving the full notice period.

You can contact us via WhatsApp for a detailed review of your case and to provide the necessary support.

We specialize in these matters and will guide you through the proper steps.

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Dar Al Haqooq Legal Consultancy
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28 Jan 2025, 05:54

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

Given your employer's serious violation of UAE labor law by delaying salaries for nearly 4 months, you have strong grounds to serve a shorter notice period.

Submit a formal resignation letter stating your intention to serve a 1-month notice, citing the prolonged salary delays as the reason.

Immediately file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) for assistance.

They can help mediate the dispute and support your case for shorter notice. Document all evidence of salary non-payment and communication with your employer.

Ensure all dues are settled before leaving. Act quickly to resolve this issue and transition smoothly to your new job within your desired timeframe.

If you need further clarification or additional support, you can contact us via WhatsApp. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your situation.

Thank you!

ABDUL WAHIED

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Al Hajeya Alnoobi Advocates and Legal Consultants
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28 Jan 2025, 05:59

Hello,

In your case, the delay in salaries for three months or more provides you with the legal right to leave your job without serving the notice period, as per Article 45 of Federal Decree-Law No. (33) of 2021 Regarding the Regulation of Labour Relations in the UAE.

This article clearly states that the employer's failure to pay wages for more than two consecutive months is considered a gross violation of contractual and legal obligations, and the employee has the right to terminate the employment contract without notice.

Additionally, in such situations, the employer is deemed to have terminated the contract unlawfully.

Since your salary has been delayed for almost four months, you are entitled to resign immediately without serving the three-month notice period mentioned in your contract.

Additionally, your resignation would be considered a result of the employer's breach of obligations, and you should not face any legal or financial penalties.

I recommend filing a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) to protect your rights and facilitate the process of joining your new employer.

For further assistance or clarification, you can contact me directly via phone or email. I would be happy to help you navigate this process and ensure your rights are upheld.

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Mohamed Bakheet Advocates & Legal Consultants
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28 Jan 2025, 06:53

Make sure everything (such as delayed salaries and resignation) is documented in writing.

Do not work for the new company until you confirm the cancellation of your current visa or submit a new work permit.

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KHE Legal Consultancy
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28 Jan 2025, 08:00

Hello,

If your employer has not paid you for 3-4 months, this is a clear violation of labor laws in the UAE.

The UAE Labor Law mandates that employees should be paid on time for their work. The delay in payment gives you leverage in negotiating the notice period.

Since the employer has not paid your salary for multiple months, you are legally entitled to file a complaint with MOHRE.

The ministry can help address the issue of salary delays and may intervene to resolve the non-payment.

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