UAE: Will employee get 30-day salary if asked to leave immediately after quitting?

Navigating the employment landscape in the UAE can be challenging, especially when it comes to understanding your rights after resignation. A common query among employees in Dubai is whether they are entitled to a 30-day salary if their employer requests them to leave immediately after submitting a resignation. This blog post delves into the statutory provisions governing such situations.

The Legal Framework

Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, alongside Cabinet Resolution No. 1 of 2022, outlines the governing laws for mainland companies in the UAE. One of the critical aspects these laws cover is the notice period upon terminating an employment contract.

Notice Period Obligations

Under Article 43(1) of the Employment Law, both employer and employee must adhere to the notice period stipulated in the employment contract. Typically, this period should not be less than 30 days and not exceed 90 days. Additionally, an agreement can be reached to shorten this period while ensuring the employee’s entitlements, including the salary for the notice period, are fully compensated.

Should an employer elect to put an employee on ‘Garden Leave,’ requiring them to abstain from work during the notice period, the law mandates the employee’s salary payment for this duration.

Protecting Your Rights

It’s crucial for employees to obtain a written confirmation from their employers regarding the ‘Garden Leave’ arrangement. This proactive step prevents potential legal complications, such as unwarranted absconding complaints, which could arise if an employer misrepresents an employee’s non-attendance as abandonment.

Conclusion

The UAE’s legal system provides clear guidelines to safeguard employees’ rights in termination scenarios. Understanding these regulations ensures you are well-prepared to protect your interests. Should you find yourself in such a situation, consider consulting with MoHRE or seeking legal advice for further clarification and support.

Remember, awareness of your employment rights puts you in a stronger position to navigate any workplace transitions seamlessly.