Notice Period Requirement After Resignation

I am working with one of the company in Abu Dhabi on unlimited contract basis.

As per the company offer which they sent and I accepted shows 3 months as notice period for both the parties. But, the contract which I signed mentions that the notice period shall be as per the company rules and UAE labour law. Now, company general rules says one month notice period.

I have submitted my resignation on 9th October, 2011 asking to release me by 10th November, 2011 (i.e. One Month Notice Period Given To Employer). Now, Employer HR and Administration is forcing me serve notice period of three months (as stated in offer) and not releasing me before 8th January, 2011.

What is the provision as per UAE labour law?
If Artical 117 can be applied or no?
Can I get release in one month based on above mentioned facts?
Can I also use Article 119 of Indemnity for the shortfall of Notice Period?

Thanks and Regards.

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8 Responses to Notice Period Requirement After Resignation

  1. KK Bose says:

    In the case of ambiguity in the terms of the contract or there is room to interpret the contract, it would be advisable to choose the term that is more convenient to the party that seeks remedy. In this case, you being the employee is seeking remedy and since your employer refuses to release you for nay reason, you will get stuck. Since the notice term of the offer letter forms part of the contract and since you have agreed to give three months notice period, it would be advisable for you to comply with it rather than challenging it in order to achieve a smooth exit.

  2. Eli says:

    I have submitted my resignation 28 of October and my last working day with the company should be 26 of December as my employment contract states 2 months notice period. However, HR and administration is forcing me to stay until 7 of January which is against my will. They are threatening me that they will hold my salary and ban me for life if I dont cooperate. I would appreciate if you can advise me if I have the right to refuse to stay longer than my notice period.

    thank you!

  3. Shaik says:

    I am working for a contacting company from past 4.4years, and i had submitted my resignation on 11/12/2012 informing that i will serve the notice period of one month. Even I had submitted my Handing Over Report to the management 17/12/2012 but when i checked for relieving on 10/01/2013, my executive director is sending me email stating that i cannot take the decision of leaving the company and my resignation is not accepted.
    Kindly advise in this regards what is right as per UAE labor Law

    • shahidmitru legal advisor says:

      as per labour laws of uae a notice period is one month and if employer do not accept your notice for releaving current jobs then you can filed complaint in the ministry of labour and leave the jobs after the period of one month volentarily,then you should leave the country whitin one month.

  4. Yahya Shaik says:

    I have sent my Resignation letter to the Management of my Company stating the notice of 1 month.
    Here I would like to know that, Is it compulsory to receive an acknowledgement from management’s side or not?
    Please reply me through mail as I have not received any conformation in writing, but have discussed the issue several times.
    Thank You

    Best Regards,
    Yahya

  5. kamal haslaque says:

    Hi,

    I am currently working in a Dubai based IT company. Wherein i have completed my first 3 years contract and one year in the renewed contract as well. that means in total 4 years completed. Now i have a good opportunity from another company. I want to resign from my current company. Bur i saw in other condition of my labor contract that i have to give 6 months of notice period. In fact i did not know about this. Because all the points are mentioned in both English and Arabic. This particular Claus mentioned only in Arabic. Is there any loop holes so that i can resign in one month notice period or maximum 2 months of notice period?
    regards

  6. Affan says:

    Hi,

    I am working in a an organization, my designation on the Labour Contract in “Marketing Specialist” and my salary is below 5K, will i be able to leave the company before 2 years completion and will i be facing a ban or penalty. is their any way i can switch for a job without any ban or penalty.

    Regards,

  7. Shafeeque says:

    Hi,
    I have been working in a private company in Abudhabi as Accounts assistant and i only have 3 months to end my limited contract. When should i tender my resignation?
    Even if i give resignation, can the company refuse to cancel my visa after completing the contract?

    Kind Regards
    Shafeeque

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