Questions & Answers
Can the employer force me to stay 2 months after my resignation if my notice period is one month?
I am writing to clarify the situation regarding my resignation.
I officially resigned on December 31st, 2024, and according to my understanding and the initial agreement, my notice period was to end on January 31st, 2025.
However, my contract has been amended a few months back to reflect a two-month notice period. I would like to emphasize that I have not signed this amendment, and the employer is blaming me for not signing the amended contract which will be taken against me.
Please let me know how you would like to proceed, as I am eager to ensure a smooth transition and complete all required handover tasks within the original notice period.
I have already completed my notice period, but my employer is still forcing me to serve one more month which I can not as I have another company to join on 14 February. I can't afford to lose this opportunity.
Currently working in the aviation industry in Sharjah and my visa is a free zone.
Your prompt response will be highly appreciated.
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.
If the notice period is completed in accordance with your contract, you can leave the business and move to the new company.
In case of any further inquiry, contact us on the phone to help you.
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.
✅ Immediate action: 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.
According to UAE law, if you have not signed the amendment to your employment contract, the original notice period of one month still applies.
If the employer insists on a longer notice period, you can challenge this legally.
You can contact us via WhatsApp for the appropriate legal support, as we specialize in these cases.
