JobXDubai

If you’ve recently resigned from a position in Dubai and were instructed to depart immediately, understanding your rights regarding notice period and salary is crucial. The UAE’s legal framework, specifically for mainland companies, outlines clear protocols for such situations.

Under the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, along with Cabinet Resolution No. 1 of 2022, it is mandated that either party (employer or employee) wishing to terminate an employment contract must adhere to the notice period agreed upon in the contract. Generally, this period ranges from thirty to ninety days.

According to Article 43(1) of the Employment Law, a written notice is essential for terminating an employment contract, ensuring that the employee continues their duties during this period unless the contract stipulates otherwise.

Interestingly, the UAE laws accommodate an arrangement known as ‘Garden Leave’. This is when an employee is instructed not to work during the notice period while still being employed and entitled to their salary. This provision ensures that an employee’s rights, including their salary for the notice period, are protected even if they are not actively working.

However, to safeguard oneself from potential disputes or misunderstandings, such as absconding accusations, it’s advisable to obtain a written confirmation from the employer regarding the ‘Garden Leave’.

This guidance aligns with the provisions requiring employers to notify the Ministry of Human Resources & Emiratisation (MoHRE) if an employee does not show up for work for over seven consecutive days without communication, as outlined in Article 28 (1) (a) of the Cabinet Resolution No. 1 of 2022.

For any employee navigating resignation and notice periods in Dubai, understanding these legal nuances is crucial for protecting your rights and ensuring a smooth transition. For further clarification, consulting MoHRE or legal experts in the UAE is recommended.