Question: I worked in a Dubai-based mainland company and recently submitted my resignation, which my boss accepted. He asked me to leave the office the same day, saying I did not need to serve the 30-day notice period. In this case, am I eligible to receive the salary for the 30-day notice period?
Answer: Pursuant to your queries, it is assumed that the notice period to be served to terminate your employment contract is 30 days.
As you are employed by a company based in mainland Dubai, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations and Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations are applicable.
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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. Article 43(1) of the Employment Law 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 parties may agree to reduce the notice period while terminating an employment contract. 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.”
Based on the aforementioned provisions of law, it is understood that your employer has put you on ‘Garden Leave’. The term ‘Garden Leave’ is defined as a period during which an employee is required to stay away from work, typically after they’ve resigned or been terminated. During this time, the employee remains employed by his or her employer but is not expected to perform any work.
Even though your employer has put you on ‘Garden Leave’ during the notice period, calling upon you not to perform work or come to the office, you are entitled to salary for the said notice period of 30 days.
However, you may obtain a written confirmation from your employer stating that you are asked to go on ‘Garden Leave’. This is to avoid any legal complication that you may face in the future wherein your employer may file a complaint of absconding against you with the Ministry of Human Resources & Emiratisation (MoHRE) stating that after resignation, you have abandoned the work and your whereabouts are not known. This is in accordance with Article 28 (1) (a)of the Cabinet Resolution No. 1 of 2022, which states, “Subject to the provisions of Article (50) of the Decree-Law:
1. The employer shall notify the Ministry of the employee’s unexpected work abandonment pursuant to the following rules and procedures:
a. The absence from work shall have exceeded 7 (seven) consecutive days, without the employer’s knowledge of the employee’s location or the possibility of communicating with him.”
For further clarifications on this matter, please contact the MoHRE or a legal counsel in the UAE.
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: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.