Ask Gulf News: Can my employer withhold my end of service during my notice period?
UAE labour law protects workers’ right to end-of-service benefits
Question: I work for a Salon and I am in the last week of my 1-month notice- period concluded between me and the employer. The employer called me for investigation within the notice period on the grounds that she discovered that I had violated the instructions of the salon 1 month ago and that she will deprive me of my end of service. Does she have the right to do so?
Answer:
She doesn’t have the right to deprive you of your end of service:
In case she is considering her action as a disciplinary sanction, then she might terminate you but with preserving your end of service, according to Article 39 of the Labor Law which states that (1. The employer or his representative may impose to the worker who violates the provisions of this Decree-Law, its Implementing Regulation and resolutions issued for its implementation, any of the following penalties: g. Termination of service while preserving the worker’s right of end of service benefits.)
In case she wants to terminate you effectively without paying you the notice, then she cannot do this without notifying and warning you of dismissal twice. Even if she terminates you after fulfilling all these conditions, she will not be able to deprive you from the end of service benefits. According to Article 44 of the Labor Law “The employer may dismiss the worker without notice after conducting a written investigation with him and the dismissal decision shall be in writing and justified. And the employer or its representative shall hand it over to the worker in any of the following cases: 3. The worker violated the instructions of the establishment’s by-law related to the safety of work and workers or the workplace, provided that they are written and hung in a visible place and the worker is informed of the same.”
