UAE Legal Q&As: Seven months notice period too long



I am working on an open-ended contract for an academic institution that is a corporate body with full financial and administrative independence but is wholly owned by Abu Dhabi Government. Recently, we received the following email: "Following probation, if any academic employee (Grade 3 to 8) wishes to end the employment contract, a written resignation must be submitted during the month of January only and any resignations submitted during the other months of the year will not be approved. Disengaging academic employees (Grade 3 to 8) must continue service for the remainder of the academic year, and failure to do so will result in a penalty of three months gross salary, which may be deducted from the final settlement." So, is this a legal change in resignation policy? And can an employer specify a certain month for resignation and ask for a seven-month notice period?

The labour law of the UAE clearly states that the notice period to end an employment contract, either by the employer or employee, is one month, so a company cannot ask for a seven-month notice period.

I am in Pakistan now after being deported under orders from Dubai Courts in December 2013. Before that, my company closed when the owner ran away. I went to the labour office to cancel my visa and I was sent to jail for 15 days before I was deported. Now my labour card and visa are still active and every month I'm accruing fines. When I call the labour office they tell me to get my company to cancel the labour card, even though I have told them the owner is no longer there and the company is closed. What advice would you offer to someone in my position?

You will have to appoint someone in the UAE who offers government liaison services to represent you at the labour office and to cancel your labour permission and labour card. With you unable to enter the country, this is your only option.

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