Q: I work for a Dubai-based company and recently submitted my resignation, which was accepted by my boss. He asked me to leave the office on the same day, saying that I am not required to observe the 30-day notice period. In this case, am I entitled to 30 days' notice pay?
A: In the UAE, an employer or employee who intends to terminate an employment contract must comply with the notice period stipulated in the contract. Article 43(1) of the Labor Law states that "The parties to an employment contract may terminate it by giving written notice to the other party if there is a valid reason for doing so. The employee shall perform his or her duties within the notice period agreed upon in the contract, but the notice period shall be not less than 30 days and not more than 90 days."
In addition, the parties may shorten the notice period upon termination of the employment contract. However, the employee's rights, including wages related to the notice period, need to be paid by the employer.
According to Article 43(2) of the Labor Law, "The employment contract shall continue to be valid during the notice period and shall be terminated upon expiration of the notice period. The employee is entitled to full wages for the notice period and shall perform the work at the request of the employer.
The parties may also waive the notice clause or shorten the notice period, but the employee retains all rights during the notice period."
Under the above law, even if your employer puts you on 'garden leave' during the notice period and asks you not to work or come into the office, you are still entitled to be paid for the 30 days' notice period.
However, you will need to get written confirmation from your employer that you have been asked to take 'garden leave'. This is to avoid any future legal disputes that the employer may face, i.e. the employer may file a complaint with the Ministry of Human Resources (MoHRE) against you for absconding, stating that you have abandoned your job after resigning.