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. If you’re terminating your job in the United Arab Emirates, you have to provide notice to the company. The notice period in UAE is very important for any organization.
This blog provides you with an overview of notice period in 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.
What is the Notice Period for Unlimited Contract in UAE?
There may be times when you have to leave your organization in search of a better opportunity. If you need to serve a notice period or want to quit right away, giving your employer advance notice may be an option.
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 with unlimited contracts have to put in 30 calendar days of notice before leaving their jobs. 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.
What is the Notice Period on Termination?
Article 43 indicates that any party, the employer or the employee, may terminate the employment agreement for any legitimate reason as long as they can show:
- 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.
What is the 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.
- The employment agreement will remain in force even during the notice period.
- If it is demanded by the employer the employee must put in time during this period
- 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:
- 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 an employee’s actions have damaged the employer. 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.
- 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 it turns out that the employee is working for another company without telling anyone
What is the Notice Period during Probation in 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.
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.
