Does the employee have the right to be absent during the month of warning to look for a new job? A ministerial decision sets the conditions for terminating the employment contract and clarifies the employee's right to be absent in order to search for another job.
In this context, the UAE Digital Government has announced that, according to Article No. (42) of the Special Decree of Federal Law No. (33) of 2021, which is concerned with the process of regulating labor relations, which is the "UAE Labor Law", the contract The worker's work is terminated in the following cases:
First: The occurrence of an agreement between the two parties to terminate the contract.
Second: The expiry of the contract term specified in the contract, if the term is not extended or the contract is renewed.
Third: The death of the employer if the subject of the contract is related to his person.
Fourth: The death of the worker or his permanent and complete inability to work.
Fifth: Issuance of a final judicial ruling against the worker with a penalty restricting freedom, for a period of no less than three months.
Sixth: Closing the facility permanently according to state legislation.
Seventh: The bankruptcy or insolvency of the business owner or the occurrence of any economic or exceptional reasons that prevent the continuation of the project.
Eighth: Failure of the worker or employee to fulfill the conditions for renewing the work permit for reasons beyond the control of the employer only.
With regard to the notice of termination of the employment contract, the UAE government clarified the following:
According to Article (43) of the Labor Law, any of the parties has the right to terminate the contract, to terminate the employment contract for legitimate reasons, but with the most important conditions:
“Warning the other party in writing” provided that the contract continues throughout the warning period, which is not less than a month, and does not exceed a period of three months, in addition to that.
Alarm time working controls:
First: The continuation of the work contract for the duration of the warning period, and the termination of the work contract at the end of the warning period.
Second: The employee's right to receive his full wages for the period of warning according to his last salary.
Third: Obligating the party who did not comply with the warning period to pay compensation to the other party called “warning allowance.”
Fourth: In the event that the contract was terminated by the employer, the employee has the right to be absent from work during the warning period for one day without pay per week to search for another job.