Contract terms are valid

A reader from Dubai asks: I worked in a company for more than 3 years but I submitted my resignation because I have got a better job. My contract was for a limited period. As per employment contract I have to give a one-month notice before I resign. After the expiry of the one-month notice period, the company management asked me to work for a further two months because as per my appointment letter I have to give a notice period of 3 months instead of one month. Currently I have been relieved from work because I completed the one-month notice period as per the employment contract.

However, the company has refused to pay my end-of-service gratuity unless I complete the three-month notice period as mentioned in the appointment letter. Please note that all the employees who have resigned from the company have worked for a 3-month period. Please advise me in this regard, how is the period of notice counted; as per the employment contract or as per the appointment letter. I am in a hurry and if I wait for more than a month I will lose my new job.

I would like to tell the questioner that the period of notice for him is only one month as mentioned in the employment contract. This is because the employment contract had been adopted after the letter of appointment. Therefore, the questioner shall claim his end-of-service gratuity amicably, failing that; he shall file a complaint before the Ministry of Labour against the company in this regard.

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