JobXDubai

If you’ve recently resigned from your position in a Dubai-based mainland company and were asked to leave immediately, you might be wondering about your rights regarding the 30-day notice period salary. According to the UAE’s Federal Decree Law No. 33 of 2021 and the Cabinet Resolution No. 1 of 2022, the legal framework provides clear guidelines on this matter.

In the UAE, both the employer and employee must adhere to the notice period stipulated in the employment contract upon termination. The law mandates a minimum notice period of 30 days and a maximum of 90 days, as outlined in Article 43(1) of the Employment Law.

Should there be an arrangement to terminate the employment contract without serving the full notice period, the employee’s rights, including the entitlement to the salary for the notice period, must be upheld by the employer. This is supported by Article 43(2) of the Employment Law, indicating that the contract remains active throughout the notice period, entitling the employee to full salary based on their last drawn salary.

In scenarios where an employer opts for ‘Garden Leave’, which refers to a period where the employee is asked not to work but remains employed, the employee is still entitled to their salary for the notice period. To safeguard against potential legal issues, such as absconding complaints, it’s advisable to secure written confirmation from the employer regarding the ‘Garden Leave’.

For employees navigating this situation, it’s crucial to understand your rights and ensure you’re adequately compensated as per the UAE employment laws. For any uncertainties or legal advice, reaching out to the Ministry of Human Resources & Emiratisation (MoHRE) or consulting a legal expert in the UAE is recommended.