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Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.8%
Lawyer
Hi, if an employee having unlimited contract...
Hi, if an employee having unlimited contract resigns and his notice period is 90 days, if company release him before completion of 90 days notice period , balance days remaining from notice period will company is liable to pay for these balance days ? Or in other words can this employee claim compensation for these balance days or not?
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إجابة الخبير: Fatima Abd El-Wahhab
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.5%
We would like to inform you that if you are willing to work during the notice period, but the employer is the one who exempts you from working in it, he shall pay you a compensation called a notice allowance and it is calculated on the basis of the basic wage you receive.
الرد من العميل
Thanks Employee was willing to leave quickly prior to completion of notice period due to his new job joining as well as company found his replacement before completion of notice period, now employee left company and joined another organisation and company also hired new employee as his replacement.. but employee is still demanding pay for balance notice period days
إجابة الخبير: Fatima Abd El-Wahhab
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 98%
As long as the employee is the one who left the job, i.e. the notice period has been shortened, in this case he is not entitled to claim compensation
الرد من العميل
ThanksCan you please share labor law or ruling reference in this context ?Thanks
إجابة الخبير: Fatima Abd El-Wahhab
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.9%
In this regard, the UAE Labor Law states the following:
Article (119)
If the employer or worker neglects to warn the other party to terminate the contract, or if the notice period is shortened, the person obligated to warn must pay the other party a compensation called (warning allowance), even if the omission of the warning or the termination of the notice does not result in harm to the other party, and the compensation is equal to the worker’s wages for a period of time The warning is all or part of it.
The warning allowance is calculated on the basis of the last wage received by the worker in relation to those who receive their wages a month, a week, a day or an hour and on the basis of the average daily wage stipulated in Article 57 of this law in relation to those who receive their wages by piece.
Article (119)
If the employer or worker neglects to warn the other party to terminate the contract, or if the notice period is shortened, the person obligated to warn must pay the other party a compensation called (warning allowance), even if the omission of the warning or the termination of the notice does not result in harm to the other party, and the compensation is equal to the worker’s wages for a period of time The warning is all or part of it.
The warning allowance is calculated on the basis of the last wage received by the worker in relation to those who receive their wages a month, a week, a day or an hour and on the basis of the average daily wage stipulated in Article 57 of this law in relation to those who receive their wages by piece.
إسأل Attorney
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.8%
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