If you intend to leave your current company in order to explore another chance, you should be aware that there are rules and some legal requirements you must follow. This, in order to make sure you are going through the proper steps. Consequently, if you are looking to end your contract of employment, you must provide the proper notice period in UAE. No matter if you are employer or employee, it is obligatory by law.
In this article, we will be talking the notice period in UAE. Here is a guidance on how to quit legally in the United Arab Emirates if you are unsure of the best procedures to follow in such a circumstance.
During the probation period, if the employer intends to terminate the employee for any cause, a written notice of 14 days in advance is required. Similarly, if the employee desires to switch jobs within the UAE during the probation period and work for another company, they must give the employer a written notice of at least one month.Let us observe!
Notice period for unlimited contract in UAE
There may be moments throughout your career when you are ready to quit your work in search of a better opportunity. Giving the company a few weeks’ notice is polite even if you are keen to go right immediately. They can then assign your chores and get ready for your departure. Here, we go over the definition of a notice period and how to give one.
The amount of time before your departure that your employer is informed of it is known as a notice period. In essence, it begins the moment you turn in your letter of departure and concludes the moment you leave your job. It is customary to give your employer a few weeks’ notice when quitting a job so they can make preparations. Likewise, when they decide to terminate an employee, employers must also provide a notice period in UAE according to the local labour law 2023.
Giving your employer advance notice of your end date enables them to make necessary preparations. They can then start writing a job description, reviewing applications, and conducting interviews with potential replacements for you. Additionally, it offers them an opportunity to assign your assignments to different coworkers so they can do them in the meantime.
An unlimited contract UAE must end with 30 calendar days’ notice at the least (Art. 117). Alternately, the employee may leave their position without giving notice in accordance with Article 121 of the law. In the event that the employer breaches his duty to the employee, the employer commits an act of violence on the employee, or the company or the employer’s official agent does so.
Notice period of termination
According to Article 43, the employment contract may be dissolved by any party for any “legitimate reason,” providing that:
- A side presents notice in writing.
- The party terminating the employment provides notice from a month to three months.
It is crucial to remember that you can inspect your official agreement to see if it contains any details on the length of the notice period. Additionally, you might agree to have it waived with your employer. So, everything relies on your unique situation.
What is the notice period for limited contract in UAE?
The minimal notice period for limited contract for employees should be 30 days. As a result, you must prepare in advance if you intend to leave your current job. Make sure to give your employer advance notice so you can complete your notice period and begin working at your new position.
A few crucial requirements regarding the applicability of a job agreement within the scope of the notice period are stated in Article 43 (2) of the UAE labor law:
- The employment agreement is still in effect after the notice period. The employee is therefore entitled to receive their full pay for that time.
- If the employer demands it, the worker must also put in time during this period.
- Only when all parties agree and the privileges of staff members remain intact is it possible to waive or shorten the notice period.
According to Article 43 (3) of the UAE labor code, if the notice period is not served, the violating party must give the non-breaching party reimbursement, often known as the “notice period allowance.”
- Even if being absent did not harm the non-breaching party, they must make up for it.
- The payment must match the employee’s pay for either the entire notice period or its extra portion, depending on the circumstances.
The duration of the notice period in cases of termination during a leave of absence is outlined in Article 35 of the UAE labor legislation as follows:
- The notice period (as specified in the agreement) will only commence on the day the worker arrives from the leave if either party wishes to terminate the agreement in accordance with the law while the employee is on leave.
- The parties must agree to this law on a mutual basis.
Termination of contract without notice by the employer
The New Labor Law’s Article 44 addresses the prompt and unexpected termination of employees. It stipulates ten distinct instances under which a company may fire and dismiss an employee, including the following:
- If an employee presents fraudulent identification or falsified documentation.
- When an employee makes a mistake that results in material losses for the employer or intentionally damages employer property. And, consequently, the employee admits it, the employer must notify the Ministry of Human Resources of the event within 7 working days of becoming aware of it.
- If an employee disregards workplace norms and regulations pertaining to employment or safety precautions despite becoming aware of those restrictions.
- When an employee violates their obligations under the terms of their employment contract. Plus, does not correct the situation. This, despite receiving two warnings from their employer and being the subject of a documented investigation.
- If an employee divulges sensitive knowledge about industrial or intellectual property. Then, doing so results in loss to the firm, a missed opportunity, or an advantage for the employee personally.
- When an employee violates public morality while at work. Or if they are discovered to be intoxicated or under the effect of drugs.
- If the worker assaults the employer, manager, supervisor, or other coworkers in any way that is unlawful.
- When the employee misses more than 7 straight days of work or more than 20 intermittent days of work in a year without good reason.
- If an employee utilizes their authority for their own financial advantage.
- If the employee leaves the company and works for another one without following the particular processes.
Notice period during probation UAE
An employee may only stay on probation for a total of six months in the UAE. During this time, the employer has the right to terminate the employee with 14 days’ notice. According to Section 9(1) of the Employment Law:
- The employer may hire the worker on probation for a term not to exceed 6 months from the date of service. By providing the employee with written notice 14 days in advance, the employer can dismiss the employee within this time.
The labor law in the region has been applying new changes recently. Therefore, if you want to keep up with the latest news about employee benefits, paternity leave, maternity leave, notice period in UAE, and more, you can go to our insights section.
Connect Resources is the support you need to manage your employees in the UAE. Therefore, provide PEO solutions that can streamline your business operations. Thus, let us manage your workforce and make sure you are complying with the local laws. If you want to start partnering with us send us an email at contact@connectresources.ae. Moreover, you can give us a call at +971 43 316 688.
