I was employed by a company that was situated on the mainland in Dubai, and I recently handed in my resignation, which was ultimately accepted by my supervisor. In addition to requesting that I leave the workplace immediately, he informed me that I was exempt from having to serve the thirty-day notice period. Does this mean that I am qualified to collect the wage for the thirty-day notice period that I have given?
According to the information that you have provided, it is presumed that the notice time that must be served in order to terminate your employment contract is thirty days.
Organizing work relationships
Due to the fact that you are employed by a company that is based in mainland Dubai, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations and Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations are applicable to you.
Terminating an employment contract in the UAE
Those who desire to terminate an employment contract in the United Arab Emirates are required to serve the stipulated notice period that is mentioned in the employment contract. This applies to both the employer and the employee. As stated in paragraph one of Article 43 of the Employment Law, "Party to an employment contract may terminate the contract for good cause by giving the other party a notice in writing at the time of termination." "The employee is obligated to carry out his duties throughout the duration of the notice period that has been agreed upon in the contract, provided that the notice period does not fall below thirty days and does not exceed ninety days altogether."
Payment of employee rights
In addition, while terminating an employment contract, both parties may reach an agreement to shorten the notice time during the process. On the other hand, an employer is obligated to pay the rights of an employee, which includes the employee's wage that is related to the notice period.
In accordance with the provisions of Article 43(2) of the Employment Law, which provides that "Employment Contract shall continue in force throughout the Notice Period and expires with the expiration of the Notice Period," this is the case. If the employer so demands, the employee will be required to carry out his duties and will be entitled to receive his full wage for the period in question, which will be calculated based on his most recent income. It is possible for the parties to reach an agreement to either waive the notice clause or decrease the notice term, provided that the employee retains all of his entitlements that are because of the notice period that was agreed upon in the employment contract. In the event where it is in the employee's best interest to have a shorter notice period, the notice time must be equal for all parties.
According to the aforementioned legal restrictions, it is commonly recognized that your employer has placed you on a leave of absence known as "Garden Leave." The term "Garden Leave" refers to a period of time during which an employee is compelled to take time off from their place of employment, generally following the individual's resignation or termination from their position. During this period, the worker continues to be employed by his or her employer, but there is no expectation that they will carry out any sort of labor.
Despite the fact that your employer has placed you on "Garden Leave" during the notice period, which means that they have requested that you refrain from performing any work or coming to the office, you are still eligible to receive your income for the thirty days that you have been on notice.
On the other hand, you might be able to get a written confirmation from your employer attesting to the fact that you have been requested to take Garden Leave. The reason for this is to prevent any potential legal complications that may arise in the future. Your employer may submit a complaint of absconding against you with the Ministry of Human Resources and Emiratization (MoHRE), alleging that after you resigned, you abandoned the work, and your whereabouts are unknown. This is done to avoid any potential legal complications that may arise in the future. This is in compliance with the terms of Article 28 (1) (a) of the Cabinet Resolution No. 1 of 2022, which stipulates that "Subject to the provisions of Article (50) of the Decree-Law:
1. In accordance with the following regulations and protocols, the employer is required to inform the Ministry of the employee's sudden departure from their place of employment or employment.
It is required that the employee's absence from work has lasted for a period of seven days in a row, without the employer being aware of the employee's location or having the ability to communicate with him.
Please get in touch with the Ministry of Human Resources and Emiratization (MoHRE) or a legal counsel in the United Arab Emirates (UAE) for any more clarifications regarding this topic.
