Notice period

  • Published: 18:41 July 5, 2012

SUBJECT
Employment

I have been working in a company for more than two years. Presently, I have a better job opportunity with another company for a salary and entitlements better than mine. My current contract is for unlimited period and provides for 3 months notice period. My questions in this regard are; 1. If I submit my resignation from work, am I entitled to work within the notice period, am I against the Labour Law if I don’t work the notice period, am I against the Labour Law if I don’t work within the notice period? Is it possible to compensate the employer instead of working within the said period? 2. Is the work relationship deemed terminated for me once the resignation is submitted? 3. To my knowledge, as per the Labour Law, the notice period is one month; after all, do I need a No Objection Certificate from the existing sponsor in order to work with a new sponsor? Please advise me.

I would like to clarify to the questioner that in accordance with the Labour Law if the employee, who is under a contract for unlimited period, wished to submit his resignation from work, in this case, he shall give notice to the employer on the same and shall work within such period if so required by the employer, i.e. the Labour Law obliges the employee to work within such period and the latter is not entitled to refrain from working within such period, otherwise he will be contrary to Labour Law and be subject to penalty, but he may immediately leave work if the employer allowed him to do so. The contract shall remain in force until the end of the notice period in accordance with the article no. 118 of the Federal Labour Law no. 8 of 1980. As per the law, notice period is one month and may be agreed to increase the same and may not decrease it. Finally, I would tell the questioner that according to the Ministry of Labour’s decisions now applicable, the questioner has completed two years with the existing employer, so he may work with a new sponsor without a need for No Objection Certificate from the existing sponsor.

- Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants

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