If you are planning to leave your organization to explore new opportunities you must be aware of the rules and regulations to be followed. The major reason behind this is to ensure that you are following a proper procedure. A notice period has to be served if you are leaving the organization in which you are working.
This blog provides you with an overview of notice period in the UAE. If your employer is going to terminate you, an advance notice period of 14 days should be provided. Similarly, if you are going to leave the organization you have to inform them 30 days in advance.
Notice Period for Unlimited Contract in UAE
There may be times when you have to leave your organization in search of a better opportunity. Giving a notice in advance to your employer might work if you want to go immediately or a notice period has to be served.
Providing an advance notice to the employer helps to make necessary preparations for your departure. These preparations include assigning new employees in your place, your full and final settlement, etc.
Employees who are working on unlimited contracts are required to serve a notice period of 30 calendar days. Beyond this period they can leave the organization according to Article 121 of the law. Asking employees to serve more than 30 calendar days is a breach of the employment contract.
Notice Period of Termination
According to Article 43, the contract of employment may be dissolved by any party whether employer or employee for a legitimate reason providing that:
- Whichever side is dissolving the employment contract must provide a notice in advance
- The notice period should be provided one to three months prior
It is important to remember that an employer can check the contract of employment whether it is stated in it or not. Additionally, an employer is free to waive the notice period. Rest all the negotiation may depend on both the parties and the situation.
Notice period for Limited Contract in UAE
The minimum notice period an employee has to serve under a limited contract in the UAE is 30 days. You have to make sure that everything between you and your previous employer settles before you join the new organization.
Some of the crucial requirements which have to be fulfilled as stated in Article 43 under UAE Labour Law are as follows:
- The employment agreement will remain in force even during the notice period. Employees are entitled to full pay during this period.
- If it is demanded by the employer the employee must put in time during this period
- If agreed by both parties the notice period can be shortened or waived off
According to Article 43 of the UAE Labour Law, if the notice period is not served thereby violating either of the parties, the non-breaching party must provide reimbursement to another party known as “Notice Period Allowance.”
The duration of the notice period to be served during the leave of absence is stated in Article 35 of UAE Labour Law:
- The notice period to be served must start from the day the employee arrives from the leave
- Both parties must agree to the law on a mutual basis.
Termination of contract without notice by the employer
According to the New UAE Labour Law, Article 44 addresses the unexpected termination of employees from their job roles. There are a few instances under which a company can terminate or fire an employee:
- If an employee presents a misleading or fraud document to the employer
- When damage has been caused to an employer because of an employee. The damage can be either physical or financial. After the employee admits it, an employer must inform the MoHRE of the event within seven days
- If an employee didn’t follow the rules of the organization despite continuous warnings
- In the event, an employee breaks the employment contract. After two warnings if this continues, the employee may be terminated
- If the employee assaults the manager, co-worker or any other employee of the company
- If an employee uses their authority for their personal gain
- If the employee is found to be working with another organization without informing
Notice Period during Probation UAE
An employee may stay in a probationary period for a total of six months in the UAE. During this period the employer has the right to terminate the employee by informing them 14 days in advance. According to the Section 9 (1) of the Employment Law:
- The employer cannot extend the period of probation from six months from their date of joining. By providing an advance notice period of 14 days an employer can terminate the employee.
The labour law of UAE has been applied to the recent changes made.
FAQs (Frequently Asked Questions)
An employee has to serve a notice period of 30 to 90 days in case of resignation in the UAE.
Employees has to provide 14 days advance notice period. They are required to serve a notice period of one month. However, if both the parties agree this notice period can be eliminated.
Article 30 of UAE Labour Law states that an employee has to serve a notice period of one month (30 days) to three months (90 days).
If the employer wants to terminate the employee he has to inform the employee 14 days prior.