I have worked in a company in Dubai for more than three years on an unlimited contract. Now, another company has offered me a job at a higher salary and better position. My contract requires me to give my current company three months’ notice before leaving. If I resign, am I legally bound to serve the notice period? The company has told me that even after I serve the three months’ notice period I might have to continue working till they find a replacement. Is it possible to compensate the employer instead of serving the notice period? Is the employer-employee relationship deemed terminated once the resignation is submitted? Does the labour law stipulate that the notice period is for one month only?
If an employee working on an unlimited contract wishes to resign, he is required to give notice to the employer and work during the period if the employer so desires. After the notice period ends, the employer has no right to force the employee to continue working. As for the labour law, the employee is required to serve the notice period. If he refuses to do so, it will be considered a violation of the law and be subject to a penalty. An employee, however, can be exempted from serving the notice period by the employer. The contract shall remain in force till the end of the notice period in accordance with Article 118 of the Federal Labour Law No 8 of 1980. As per the law, notice period covers a minimum of one month. It can be increased by mutual consent.
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