Can my wife resign without notice after securing a new job during maternity leave?

Dear Questioner,

Thank you for your inquiry!

Based on the details you have provided, I will address the key points related to your wife’s situation under UAE labor law:

1. Resignation During Maternity Leave:

According to the UAE Labor Law, an employee on maternity leave is generally still considered an employee of the company, and therefore, the usual rules regarding resignation and notice periods still apply.

2. Notice Period:

If your wife wishes to resign from her current position, she would generally be required to serve the notice period stipulated in her labor contract unless both parties agree to waive it.

However, resignation during maternity leave is allowed, but the terms of the notice period would still need to be honored unless the company agrees to a shorter notice period or a waiver.

3. Contract Expiry and Resignation:

Since your wife’s labor contract expired 10 days ago, there are a few things to consider:

- End of Contract:

If the labor contract has expired and was not renewed, she may be considered to be on a month-to-month contract (if not explicitly extended).

In such cases, your wife may be able to resign without the obligation of a notice period if no renewal was agreed upon.

However, if the employer is continuing the employment without a new contract, the terms of the previous contract, including the notice period, may still apply.

- Unpaid Salary:

If the contract expired, it's also important to ensure that she has received any salary and benefits owed up until the expiration date.

4. New Job Offer:

If your wife has found a new job, she should review the offer carefully and ensure that she complies with any requirements set by the new employer, including the start date, and whether they require proof of resignation or release from the current employer.

5. Advice Moving Forward:

- Resignation Process:

I recommend that your wife formally resigns by submitting a written resignation letter to her current employer. It is advisable to attempt negotiating the notice period or requesting a waiver.

- Check for Obligations:

If her employer continues to treat her as an employee post-contract expiration, it would be wise to review any rights or obligations under this implied extension of the contract.

If she encounters any difficulty with her employer regarding the resignation or notice period, I can assist in drafting a formal letter or advising on further legal action.

Please let me know if you need further clarification or if you would like to discuss the situation in more detail.

Best regards,

Mohammed Salah

Legal Consulting

According to UAE law, if the employment contract has expired, there is no obligation to serve a notice period.

However, if the contract is still active, she must adhere to the notice period specified in the contract.

She can contact us via WhatsApp, and we specialize in these types of cases.

Hello,

If your wife is still on maternity leave, the employer cannot prevent her from resigning, but she may still be required to serve a notice period as specified in her employment contract.

If she resigns without notice, she might need to compensate the employer for the period she fails to serve.

Typically, this compensation would be an amount equivalent to the notice period salary.

If the contract expires and is not renewed, she may request to resign based on the expiration of the contract and the failure to announce the renewal.