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Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
I want to resign but my notice period is 3months,...
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Dear Customer,
Welcome, and thank you for trusting us
It is different whether your contract is fixed-term or unfixed
If your contract is fixed-term, you cannot terminate it unless after the expiration of the contract term
If your contract is unfixed, you must notify your employer before the terminating the contract, depending on the period you have spent with the employer. The UAE Labor Law stipulates that:
Article 113
An employment contract shall terminate in any of the following cases:
By mutual agreement of the Parties, provided that the worker's consent is given in writing;
Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
Article 116
Where a contract is revoked by the worker for reasons other than those specified in
Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract
Article 117
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.
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
years.
According to the given facts and for clarification purposes, we would like to explain to you,
According to the federal labor law in regards of resigning from work without the consent of the employer, it is the two cases
Article (118)
The contract shall remain valid during the notification period referred to in the preceded article and shall terminate on its expiry. The worker is entitled to his full wage for this period based on the last wage, and he should work during this period if the employer requires so.
The parties may not agree on the exemption of the notification condition or to reduce its period, however they may increase this period.
Article 121
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
Article 128
A non-National worker, who abandons his work without a valid reason before the expiry of his definite term contract, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.
Article 129
A non-National, who notifies the employer of his desire to terminate his indefinite term contract but abandons his work before the expiry of the statutory period of notice, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.
Article 137
Where a worker under an indefinite term contract abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance pay if his continuous service exceeds three years up to five years, and to the full severance pay if it exceeds five years.
Article 138
Where a worker under a definite term contract abandons his employment at his own initiative before the expiry of his contract period, he shall not be entitled to severance pay unless his continuous period of service exceeds five years.
Article 139
The worker shall be deprived of his end of service gratuity in the following two cases:
a - Should he be dismissed from service for any of the reasons set forth in Article 120 hereof or should he leave his employment in view of avoiding the dismissal there from in accordance with the said Article.
b - Should he leave his employment of his own accord , and without notice in cases other than the ones set forth in Article 121 hereof , and such with regards to contracts with undetermined term , or prior to the completion of five years of continuous service with regards to contracts with determined term
If you have another question, feel free to ask us and we will answer with pleasure.
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Kind Regards,
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Dear Customer,
Thanks for joining and trusting us, much appreciated! We welcome you to join us and to join us in the legal section
We would like to inform you that after reviewing your inquiry and legal scrutiny, we would like to state the following.
It is different whether your contract is fixed term or not. If the contract is fixed term, it is not possible to terminate it without reasons until after its expiry
If your contract is unlimited, you must notify the employer prior to termination under the Kuwaiti Labor Law with compensation.
According to Kuwaiti Labor Law.
Article (44)
it stipulates that if the contract of employment is unlimited, each of the parties may terminate it after informing the other party as follows:
A) At least three months prior to the termination of the contract for workers hired at a monthly wage.
B- At least one month before the termination of the contract for other workers. If the party that terminated the contract does not observe the notice period, it is obliged to pay the other party the notice period equal to the wage of the worker for the same period.
- C) If the notification is from the employer, the worker shall be entitled to absent himself for a full day in the week or eight hours during the week in order to search for another job, with the entitlement to pay for the day or hours of absence.
The worker shall determine the day of absence and his hours provided that he informs the employer of this at the day preceding the absence at least.
(D) The employer may exempt the worker from work during the notice period and shall calculate the period of continuous service of the worker until the expiration of such period, with the consequent effects, in particular the worker's entitlement, his wage for the notice period.
Article 45
The employer may not use the right to terminate the contract he is entitled to under the previous article during the employee's enjoyment of the leave provided for in this law.
Article 46
The worker's employment may not be terminated without justification or because of his trade union activity or because of the claim or enjoyment of his legitimate rights in accordance with the provisions of the law, nor may the worker be terminated because of sex, origin or religion
Article (47)
it stipulates that if the contract of employment is fixed term and one of its parties terminated it unlawfully, it shall compensate the other party for the damage he suffered, provided that the amount of the compensation does not exceed the equivalent of the wage of the worker for the remaining period of the contract. The nature of the work, the duration of the contract and, in general, all considerations affecting the damage in terms of its existence and extent, and deducting from the value of compensation what may be owed to the other party's debts.
Article 48
A labourer shall have the right to terminate the work contract without notice together with his entitlement to the terminal service indemnity in any of the following cases:
- a) If the employer does not abide by the provisions of the contract and the law.
- b) If an assault is committed against him by the employer or whoever represents him or by instigation or incitement by either of them.
c)If his continuation of doing the work will threaten his safety or health by a decision by the Medical Arbitration Committee at the Ministry of Health.
d)If the employer or his representative has introduced any act of cheating or fraud at the time of contracting in relation to the contract conditions.
e)If the employer charges the labourer of committing a criminal act and a final judgment is issued and declared his innocence.
f)If the employer or whoever represents him has committed an act that violate the morals against the labourer.
If you have another question, feel free to ask us and we will answer with pleasure
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Dear Customer,
Thanks for joining and trusting us, much appreciated! We welcome you to join us and to join us in the legal section
We would like to inform you that after reviewing your inquiry and legal scrutiny, we would like to state the following.
It is different whether your contract is fixed term or not. If the contract is fixed term, it is not possible to terminate it without reasons until after its expiry
If your contract is unlimited, you must notify the employer prior to termination under the Kuwaiti Labor Law with compensation.
According to Kuwaiti Labor Law.
Article (44)
it stipulates that if the contract of employment is unlimited, each of the parties may terminate it after informing the other party as follows:
A) At least three months prior to the termination of the contract for workers hired at a monthly wage.
B- At least one month before the termination of the contract for other workers. If the party that terminated the contract does not observe the notice period, it is obliged to pay the other party the notice period equal to the wage of the worker for the same period.
- C) If the notification is from the employer, the worker shall be entitled to absent himself for a full day in the week or eight hours during the week in order to search for another job, with the entitlement to pay for the day or hours of absence.
The worker shall determine the day of absence and his hours provided that he informs the employer of this at the day preceding the absence at least.
(D) The employer may exempt the worker from work during the notice period and shall calculate the period of continuous service of the worker until the expiration of such period, with the consequent effects, in particular the worker's entitlement, his wage for the notice period.
Article 45
The employer may not use the right to terminate the contract he is entitled to under the previous article during the employee's enjoyment of the leave provided for in this law.
Article 46
The worker's employment may not be terminated without justification or because of his trade union activity or because of the claim or enjoyment of his legitimate rights in accordance with the provisions of the law, nor may the worker be terminated because of sex, origin or religion
Article (47)
it stipulates that if the contract of employment is fixed term and one of its parties terminated it unlawfully, it shall compensate the other party for the damage he suffered, provided that the amount of the compensation does not exceed the equivalent of the wage of the worker for the remaining period of the contract. The nature of the work, the duration of the contract and, in general, all considerations affecting the damage in terms of its existence and extent, and deducting from the value of compensation what may be owed to the other party's debts.
Article 48
A labourer shall have the right to terminate the work contract without notice together with his entitlement to the terminal service indemnity in any of the following cases:
- a) If the employer does not abide by the provisions of the contract and the law.
- b) If an assault is committed against him by the employer or whoever represents him or by instigation or incitement by either of them.
c)If his continuation of doing the work will threaten his safety or health by a decision by the Medical Arbitration Committee at the Ministry of Health.
d)If the employer or his representative has introduced any act of cheating or fraud at the time of contracting in relation to the contract conditions.
e)If the employer charges the labourer of committing a criminal act and a final judgment is issued and declared his innocence.
f)If the employer or whoever represents him has committed an act that violate the morals against the labourer.
If you have another question, feel free to ask us and we will answer with pleasure
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,
إسأل Attorney
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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