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UAE Labour Law Clarifies Rules on Employee Termination During Approved Leave

Under UAE labour law, employers may terminate an employee while on approved leave only for legitimate reasons and with written notice, according to legal guidance published in Khaleej Times. The statutory notice period commences only from the day after the worker's scheduled return date unless both parties agree otherwise. The required notice period must range between 30 and 90 days, and employees terminated without a valid reason may file a complaint with the Ministry of Human Resources & Emiratisation.

Issuing authority
Ministry of Human Resources & Emiratisation
Jurisdiction
United Arab Emirates
Stage
Final rule
Official document
Federal Decree-Law No. (33) of 2021 Regarding the Regulation of Employment Relationships
Official source
news.google.com
Illustration: A modern corporate office interior in Dubai showing a neatly arranged wooden desk with employment documentation, contract folders, and a
Illustration

According to legal guidance published by Khaleej Times, an employer in mainland Dubai 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 worker is notified in writing. The relevant legal framework is Federal Decree-Law No. (33) of 2021 Regarding the Regulation of Employment Relationships and its amendments.

Pursuant to Article 35 of the Employment Law, if either party wishes to terminate the contract while the worker is on leave, the statutory notice period agreed in the employment contract does not begin until the day following the scheduled date of the worker's return from leave, unless both parties mutually agree otherwise.

Under Article 43(1) of the Employment Law, either party may terminate an employment contract for any legitimate reason, provided written notice is served and the employee works through the contractual notice period. The law specifies that this notice period must not be less than 30 days and must not exceed 90 days.

Khaleej Times noted that employees who believe their employment was terminated without a valid reason may file a complaint with the UAE Ministry of Human Resources & Emiratisation.

Sources

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