What is notice period? The notice period in UAE is a crucial factor in finalizing how an employment transition unfolds in Dubai’s tough and competitive job market. Acknowledging its significance is not just a necessity as it’s a strategic procedure with significant potential impacts for companies and employees. The notice period in UAE is an important connection, enabling an effortless and well-organized leave or transition for every individual engaged. So, we at Career Pro decided to come up with a thorough guide so you could understand the importance of notice periods in Dubai’s job market. We’ll cover typical problems and provide you with knowledge to help you through notice period changes. Explore the what, why, and how of notice periods with us.
What is a Notice Period?
A notice period in UAE refers to an advance notice before a job reaches its completion. Your work agreement provides a time frame for giving notice if you are considering leaving your job or if your employer plans to fire you. The purpose of this notice period is intended to help you with communication and provide you and your employer with a chance to prepare for the future.
What is the Notice Period in UAE’s Labor Law?
The notice period in UAE is a particular time that an employer or employee must give before ending an employment contract which allows both parties to make the necessary preparations, guaranteeing a smooth transfer. It serves as an official declaration of intent to end the employment relationship. The labor law in the UAE specifies the notice period as a legal requirement to protect the rights of both employers and employees. The duration of it varies according to the type of employment contract and other factors.
Can I Take Sick Leave During Notice Period?
This is one of the most frequent question we get. So let’s address this with detail. If someone is off work due to ill health during their notice period, this is still classed as being in employment and the notice period in UAE will be unchanged. The visa must not be cancelled until the end of the notice period. The employee who is not at work due to ill health during a notice period should still be paid as usual and the employer can insist on the provision of a suitable medical certificate. In this case, that has been provided.
Salary is payable in accordance with Article 31 of the UAE Labor Law, which confirms: “…the worker may be entitled to a sick leave of not more than 90 continuous or intermittent days per year, provided that it is calculated as follows: a. the first 15 days with full pay; b. following 30 days with half pay; c. the following period unpaid.”
Assuming this period of sick leave, plus all other days of sick leave in the company year do not exceed 15 days, VA will be paid in full according to UAE law.
What is the Notice Period for Probation in the UAE?
During probation, notice period in UAE is typically given for fourteen (14) days, giving the employer and the employee a short window to consider if the job relationship is a good fit. In the probationary period, any party may end the hiring agreement with a notice period less than the period needed for limited or unlimited contracts. The terms and conditions accompanying probationary periods are what professionals should pay particular attention to because they may vary depending on the contract of hire and the specific policies of the business in question.
According to UAE’s Ministry of Human Resources and Emiratization (MOHRE), both employers and employees can terminate a contract if they adhere to the specified terms and conditions. The notice period in the UAE must be between 30 and 90 days, during which employees are required to fulfill their duties. If either party fails to serve the notice period, they must compensate the other with a “notice period allowance,” equivalent to the worker’s wage for the full notice period or proportionate to the remaining duration. This allowance is calculated based on the last wage received by the worker.
Notice Period Allowance
The notice period in UAE allowance is determined by the worker’s most recent wage, whether received monthly, weekly, daily, or hourly. For piece-rate wage workers, it is based on the average daily wage. The notice period can be reduced or exempted by mutual agreement between both parties without infringing on their rights.
Termination of Contract Without Notice by the Employer
Under Article 44 of the UAE Labour Law, an employer may terminate an employee without notice under certain conditions:
- Submitting false identity or forged documents
- Causing substantial material loss or deliberately damaging employer’s property
- Violating safety instructions
- Failing to perform basic duties despite warnings
- Divulging establishment secrets
- Being intoxicated or breaching public morals at work
- Assaulting colleagues or the employer
- Unjustified absenteeism for over 20 intermittent days or more than 7 successive days in a year
- Illegally exploiting position for personal gain
- Joining another establishment without following proper procedures
Termination without notice period in UAE requires a written investigation and the dismissal notice must be justified and handed to the employee in writing.
Termination of Contract Without Notice by the Employee
According to Article 45, an employee may terminate the contract without notice if the employer:
- Fails to meet contractual or legal obligations
- Assaults or harasses the worker
- Instructs the worker to perform fundamentally different tasks without consent
- Does not remove factors posing grave danger to worker’s safety or health
The employee must notify MOHRE 14 working days before quitting, and the employer must rectify the breach. For harassment or danger, MOHRE and competent authorities should be informed within five working days.
How Career Pro Helps You?
Career Pro offers the absolute best-in-class executive search and recruitment services tweaked to your business needs. With a deep understanding of UAE labor laws and extensive industry experience, we connect you with the best talent to drive your organization forward. So partner with us for thorough recruitment solutions that ensure compliance and excellence.
