What is legal notice period?

A reader in Dubai asks: I am a graduate engineer and have worked for an Al Quoz-based company as a sales executive for the past one-and-half years. My employment contract, a copy of which is with the Ministry (labour department) states the duration of agreement as unlimited. I am planning to resign as I have been offered a job in Singapore and need to join them soon. The notice period mentioned in my appointment letter, printed on a company letterhead (no registration) is six months, however, there is no mention of any notice period in the above mentioned employment contract. I am ready to offer a maximum one-month's notice period. Further, I cannot stay as I wish to join the new company as soon as possible, otherwise I will lose the job. What will be the notice period binding me legally? If it is one month and the employer tries to force me to stay on then what are the options open to me? Please advise.

I would like to state that if the labour contract, ratified between the employer and the employee, does not include any notice period, then as per Article 117 of the UAE Labour Law, the notice period in this case shall be for one month only, for both the employee and the employer. Thus, the employee is advised to serve his employer a one-month notice period, if the latter does not respond positively after the elapse of the notice period, the questioner is advised to start a formal complaint with the Ministry of Labour, as the employer does not have the right to force the employee to work for him or to prevent him from cancellation and departure. The employer will only be capable of seeking the Ministry of Labour to stamp a ban against the employee in case of any violation of the labour law.

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