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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Hi i want to quit my job & im ready to pay but...

تم تقييم هذه الإجابة:
Hi i want to quit my job & im ready to pay but cannot fulfill the notice period.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Sharjah
Lawyer's Assistant: Has anything been filed or reported?
Not yet, i have resigned but they are asking me to come for more 16 days while i dont want that rather pay instead of those days
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes that company has 1 initial month salary of mine already & notice period is 45 days

إطرح سؤالك

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                                                        
Thanks for joining and trusting us, much appreciated!

We would like to inform you that if your inquiry relates to your wish to terminate the indefinite employment contract and not to continue working during the notice period, the following information are important:
According to the UAE Labor Law, a worker who wants to terminate an indefinite employment contract shall perform work for at least one month or as stipulated in the employment contract. If the worker does not perform the work within the notice period, a compensation shall be paid to the employer called a warning allowance which is equivalent to the worker's salary for the notice period.
Here are the texts of the UAE Labor Law related to your inquiry:

 Article (117):

  1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
  2. For the daily-paid workers, the notice period shall be as follows:
  • One week: if the worker has been employed for more than six months but less than one year.
  • Two weeks: if the worker has been employed for not less than one year.

One month: if the worker has been employed for not less than five year

 

Article (118):

A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.

Article (119):

 If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.

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إسأل Lawyer

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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