E-Paper
Sign In
UAE jobs: Can employees be asked to serve 3-month notice period after resignation?
A KT reader wants to know if he can ask his boss to serve only one month upon quitting
- PUBLISHED: Sun 9 Mar 2025, 8:32 AM
Question: I work in a mainland Dubai-based company and my question is about the mandatory notice period that employees have to serve after resigning. My company requires employees to give a three-month notice. Is this legal? What does the UAE Labour Law say about this? What happens if I tell my boss that I can serve only one month?
Answer: In the UAE, an employer or an employee who intends to terminate an employment contract must serve the stipulated notice period mentioned in an employment contract.
Recommended For You
This is in accordance with Article 43(1) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, which states: “Party to an employment contract may terminate the contract for good cause, by giving the other a notice in writing. The employee shall perform his duties during the notice period agreed upon in the contract, provided the notice period is not less than (30) thirty days and not in excess (90) ninety days.”
Furthermore, both an employer and an employee, while terminating an employment contract may agree to reduce the notice period.
Stay up to date with the latest news. Follow KT on WhatsApp Channels.
However, the rights of an employee including his or her salary pertaining to the notice period need to be paid by an employer. This is in accordance with Article 43(2) of the Employment Law, which states: “Employment Contract shall continue in force throughout the Notice Period and expires with the expiry of the Notice Period. The employee shall be entitled to his full salary for such period on the basis of his last salary and shall perform his work if the employer so requests. The parties may agree to waive the notice clause or shorten the notice period, provided that the employee reserves all his entitlements due to the notice period agreed upon in the employment contract. The notice period shall be equal for both parties unless the same is in the interest of the employee.”
If one of the parties fails to follow the required notice period before terminating an employment contract, then the defaulting party must pay the other party compensation which is known as "pay in lieu of notice ”.
This is in accordance with Article 43(3) of the Employment Law which states: “The party who did not abide by the notice period shall pay to the other party compensation, which is called notice period as pay in lieu of notice, even if the absence of notification does not cause damage to the other party and the compensation shall be equal to the worker’s wage for the full notice period or the remaining part thereof.”
In accordance with the aforementioned provisions of the law, you have to verify your employment contract registered with the Ministry of Human Resources & Emiritisation (MoHRE) related to your notice period to be served for terminating your employment with your employer.
You need to serve a notice period while resigning as per the notice period mentioned in your employment contract registered with MoHRE. In the event your employer contract states you need to serve 3 months to the employer for you terminate the employment contract, then you are obligated to serve 3 months of notice period.
However, if the notice period mentioned in your employment contract is less than 3 months, then there is no requirement to serve 3 months of notice to your employer and instead, you may only serve the stipulated notice period as stated in your employment contract.
Furthermore, you may also mutually agree with your employer regarding the notice period to be served for termination of your employment contract. Additionally, if you intend to reduce your notice period then you may have to compensate your employer with payment in lieu of the notice period not served by you. If your employer insists on a notice period which is not as per your employment contract, you may consider filing an employment complaint against your employer with the MoHRE.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.