Terminated While On Leave? What UAE Labour Law Says About Reasons, Notice Period

Response: Pursuant to your queries raised, as you are employed at a mainland Dubai company, the provisions of the UAE employment law are applicable.

If an employer or an employee intends to terminate an employment contract while an employee is on leave, the valid notice period shall begin the day following to the day scheduled for an employee to return from the leave, unless an employee and employer have agreed otherwise. This is in accordance with the Article 35 Federal Decree-Law No. (33) of 2021 Federal 2021 Regarding the Regulation of Employment Relationships and its amendments Relationships amendments (the“Employment Law”)

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“Validity of Notice Period in case of Termination of the Contract during the Leave

If either party to the employment contract wishes to terminate the contract in accordance with the provisions of this Decree-Law and its Implementing Regulation, while the worker is on the leave, the validity of the notice period agreed upon in the employment contract shall not begin, except from the day following the day scheduled for the worker's return from the leave, unless both parties agree otherwise.”

An employer or an employee may terminate an employment contract for a valid reason, provided written notice is given to the other party. An employee must continue working during the notice period agreed in the contract, provided that the period is not less than 30 days and not more exceed 90 days. This is in accordance with the Article 43(1) of the Employment Law:

“Either party to the employment contract may terminate the contract for any legitimate reason, provided that the other party is notified in writing, and commits to work within the warning period agreed upon in the contract, provided that the period is not less than thirty (30) days, and not more than ninety (90) days.”

In accordance with the aforementioned, an employer may terminate an employee's employment contract while the employee is on approved leave, provided that the termination is for a legitimate reason and the employee is notified in writing. However, unless otherwise agreed between the parties, the notice period will only commence from the day following the employee's scheduled return from leave. The notice period must also comply with the period agreed in the employment contract, subject to the statutory minimum of 30 days and maximum of 90 days. If you feel that your employer has terminated your employment without a valid reason, you may consider filing a complaint with the Ministry of Human Resources & Emiratisation.

Applicable law:

Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relationships.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: . Readers may e-mail their questions to: ... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.

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