Can my employer force me to serve an extra month after my resignation?

Dear Questioner,

Since you have not signed the contract amendment, your notice period should be based on the original agreement.

If your employer is forcing you to serve an additional month, this may be unlawful. Free zone authorities have specific regulations regarding employment disputes, so you may escalate the matter to the relevant free zone authority in Sharjah.

We can assist you in formally responding to your employer and ensuring your legal rights are protected.

Kindly provide us with a copy of your employment contract and resignation letter for review.

Hello,

Under UAE labor law, for a contract amendment to be binding, it typically needs to be mutually agreed upon by both parties (i.e., both you and your employer).

Since you did not sign the amendment that changed the notice period from one month to two months, it’s possible that the original terms of your contract still apply, unless you agreed to the change through some other means (like email or verbal agreement).

If the employer insists on the two-month notice period despite your refusal to sign the amendment, this could potentially be contested on the grounds that the amendment was not properly agreed upon by both parties.

If you’ve completed the one-month notice period (ending January 31st, 2025), your employer is obligated to release you as per the original terms, unless they can legally prove that the amendment is binding.

If the employer insists on a further month of work and you’re unable to comply due to your new job starting on February 14th, 2025, this could be a breach of your rights as an employee.

For further assistance, kindly share your WhatsApp number.

Hello, and we are pleased to assist you,

Regarding your inquiry, in order to provide you with the correct response, we need to review the most recent certified employment contract between you and your employer.

However, based on the information in your inquiry, you have not signed the amended contract, which means you have not consented to any modifications.

In this case, you have the right to file a complaint to terminate the contract and subsequently request the cancellation of your residency.

The complaint should be submitted through the Ministry of Human Resources and Emiratisation in accordance with the applicable legal procedures.

You are not legally obligated to stay after January 31, 2025. The contract amendment is invalid because it was not signed by you.

You must formally contact the HR department and document their refusal to resign if any.

If necessary, file a complaint with the Free Zone Authority to protect your rights.

Send a formal email notification to the employer, save any evidence of their refusal, and in case of stubbornness, contact the Free Zone Authority directly to resolve the dispute.

Please contact us via phone or WhatsApp number [-----------].

Under UAE law, if the notice period was not clearly defined or amended without your signature, you can negotiate with your employer based on the original contract terms.

If the dispute continues, you can file a complaint with the Ministry of Human Resources and Emiratisation.

You can reach out to us via WhatsApp for appropriate legal support, as we specialize in such cases.

Dear Client,

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

Your situation is clear under UAE labor laws. The original 30-day notice period you served from December 31, 2024, to January 31, 2025, is valid.

The contract amendment extending it to two months is unenforceable without your signature, as changes require mutual agreement.

Your employer can't unilaterally extend your notice period. Having completed the original notice, you've fulfilled your obligations.

Communicate this in writing to your employer, explaining you didn't agree to any amendment and intend to leave on January 31, 2025.

If they insist, consider filing a complaint with MOHRE. You have the right to join your new company on February 14, 2025, as planned. Your employer can't force you to serve an additional month.

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

Thank you!

ABDUL WAHIED

Thank you for reaching out!

Based on the details you provided, your employer cannot unilaterally impose an amended contract or extended notice period unless you have explicitly signed and agreed to the new terms.

Since you did not sign the amendment, your original contract terms should prevail, meaning your notice period should have ended on January 31, 2025.

Given that you are working in a free zone, we need to check the specific labor regulations applicable to your jurisdiction, as each free zone has its own rules regarding employment contracts and disputes.

However, generally speaking, if your employer is attempting to enforce an unsigned contract amendment, you have strong legal grounds to dispute this.

To protect your rights and ensure a smooth transition without jeopardizing your new job opportunity, we can take immediate action by:

- Sending a formal legal notice to your employer stating that the additional notice period is not enforceable.

- Lodging a complaint with the relevant free zone authority to prevent any undue delays or employment ban risks.

- Exploring legal remedies if your employer attempts to withhold your end-of-service benefits or final settlement.

I strongly recommend we act quickly to resolve this matter before your new employment start date.

Please reach out to me via WhatsApp or phone at [------------] to discuss the next steps and initiate the appropriate legal action.

Looking forward to assisting you!

Best regards,

Suhail Rana