Ask Gulf News: Is refusing to work during your notice period considered unlawful absence?

Question: I was terminated by my company and asked to serve a notice period of one month. What will happen if I do not work during this period? Will this be considered unlawful absence from work, resulting in me not being granted another work permit?

Answer: To answer this question, I would advise the following:

1. If you do not work during the notice period, you shall pay your employer a sum equivalent to one month's wage, calculated based on your full salary, in accordance with Article 43/3 of the Federal Labor Law, which states: "The party who does not abide by the notice period shall pay to the other party compensation, referred to as a notice period allowance, even if the absence of notification does not cause damage to the other party. The compensation shall be equal to the worker's wage for the full notice period or the remaining part thereof."

2. If you refuse to work during the notice period, this will not be considered unlawful absence from work, as it arises from a termination initiated by the employer, which constitutes a legitimate reason for Employment Contract Termination.

In this regard, Article 50 of the Labor Law specifies the conditions under which absence from work is deemed unlawful for an illegitimate reason: "If a foreign worker leaves work for an illegitimate reason before the end of the contract term, he shall not be granted another work permit to join another employer in the State, in accordance with the provisions hereof, for a period of one year from the date of the absence from work. Furthermore, no other employer who is aware of this shall be permitted to employ or retain him in their service during that period. The Ministry may exempt certain job categories, skill levels, or workers from the provision of Clause (1) of this Article. The employer shall notify the Ministry of any incident of absence from work."