UAE Labour Law: using the pending annual leave days during the notice period

Annual Leave is a basic right of every employee protected by the UAE Labour Law.Full-time employees working in the UAE are entitled to leave and holidays as per laws in the country, which broadly include annual or recreation leave, sick leave and maternity leave. As per the Article 43 of Federal Decree-Law No. 33/2021 On Regulation of Labour Relations, 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 Notice Period agreed upon in the contract, and provided that the period is not less than (30) thirty days and not more than (90) ninety days.The Worker shall be entitled to his full Remuneration for that period according to the last salary he was receiving, and he shall work during that period if the Employer asks him to do so. It shall be permissible to agree on an exemption from the notice condition or reduce this period while preserving all the rights of the Worker for the Notice Period agreed upon in the Employment Contract. The Notice Period shall be the same for both parties unless it is for the benefit of the Worker.The payment in lieu of notice shall be calculated according to the last salary that the Worker was receiving if the Worker receives Remuneration by month, week, day or hour, and according to the average daily wage referred to in this Decree-Law if the Worker receives Remuneration on a piecework basis.If the Work is terminated by the Employer, the Worker shall have the right to be absent during the Notice Period for one unpaid Working Day per week, in order to search for another job. The Worker may specify the day of absence provided that he informs the Employer of the same at least (3) days prior to the day of absence. The new law does not clearly mention the employee's entitlement of the pending annual leave during the notice period. Based on the aforementioned provision of law, it is recommended that the employee work on all the working days of the notice period The Employment Contract shall continue to be effective during the Notice Period referred to in this Article, and shall be terminated upon expiry of the period” However, He may request the employer for the unused annual leave during the notice period. If the two parties mutually agree on the same, then the employee may avail them.In the event the employer does not agree, then you are entitled for cash in lieu of unused annual leaves. This is in accordance the Employment Law

 

 

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