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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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If I am unable to serve a notice period and wish...

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If I am unable to serve a notice period and wish to pay in lieu of notice, do I have to pay as per basic salary or full salary to my employer?

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If your inquiry is related to the termination of the employment contract, here is the following information:
If you want to terminate the work contract and pay the notice period allowance, then this salary is calculated on the basis of the last wage the worker used to receive for those who receive their wages per month, week, day, or
per hour, and according to the average daily wage referred to in this Decree-Law for those who receive their wages
freelancer.
Here is the text of the UAE Labor Law, related to your inquiry:
Article 43
Notice of termination of the employment contract
Either party to the work contract may terminate the contract for any legitimate reason, provided that the other party is notified in writing, and adheres to
Work during the notice period agreed upon in the contract, provided that the period is not less than (30) thirty days and not more
over (90) ninety days.
The work contract continues throughout the warning period referred to in this article, and ends with the expiry of the period.
The worker receives his full wage for that period according to the last wage he was receiving, and he must perform the work during it if requested
The employer is entitled to do so, and it is permissible to agree to exemption from the warning condition or to reduce its period while preserving the notice period
All rights of the worker for the notice period agreed upon in the work contract, provided that the notice period is the same
to both parties unless it is in favor of the worker.
The party who did not abide by the notice period shall pay the other party compensation called notice allowance, even if it does not:
Failure to warn will result in harm to the other party, and the compensation shall be equal to the wage of the worker for the whole period of warning or
remaining part of it.
The warning allowance is calculated according to the last wage the worker received for those who receive their wages per month, week, day, or
per hour, and according to the average daily wage referred to in this Decree-Law for those who receive their wages
freelancer.
If the employment contract is terminated by the employer, the worker has the right to be absent during the notice period of one working day.
Without pay per week, in order to search for another job, and the worker may specify the day of absence, provided that he notifies the employer
Doing so at least (3) three days before the date of cancellation

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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