Ask Gulf News: Can an employee skip the notice period after being terminated for redundancy?

Question: I am an employer. I terminated an employee for redundancy and I requested him to work the 2 months’ notice period. The employee refused to work on the grounds that since I terminated him for redundancy so no need for him to work. Is the employee, right? What procedure should I do in such situation? Please advise.

Answer: Either party to the employment contract may terminate the contract for any legitimate reason, provided that the other party is notified in writing and work shall be performed during the notice period agreed upon in the contract. Redundancy is not a reason, stated by the labor law, for the employee to refuse to work the notice period. The employee shall work during that period if the employer requests the same from him or else he shall pay the salary of these 2 months to the employer. 

According to Federal Decree-Law No. (33) of 2021” The party who did not abide by the notice period shall pay to the other party compensation, which is called notice period allowance, even if the absence of notification does not cause damage to the other party and the compensation shall be equal to the worker’s wage for the full notice period or the remaining part thereof.

If the employee didn’t accept to work then the employer has to file a complaint against him in front of the Ministry of Labor, claim the 2 months’ payment and leave it to the court to decide.

It should be noted that, If the employment contract is terminated by the employer, the employee shall have the right to be absent during the notice period for one working day without pay per week, in order to search for another job. The employee may specify the day of absence, provided that he notifies the employer of the same (3) three days at least before the absence day.