One tin avail motherhood exit together with and hence resign from employment
I am employed on an unlimited contract which requires me to give a 3 months' observe catamenia to move served earlier resigning from employment. Can observe catamenia together with motherhood exit move combined together? Upon completion of my motherhood leave, tin I resume move together with resign later merely about time? Can I role my annual exit to encompass upwards the observe period? If I create this, volition it behave upon my gratuity?
Answer:
It should move noted that an employee has to perform move during the observe period. This is inwards accordance amongst Article 118 of the Federal Law No. 8 of 1980 regulating Employment Relations inwards the UAE (the 'Employment Law'), which states, "A contract shall maintain to move valid throughout the catamenia of observe referred to inwards the preceding article together with shall destination on the death of the observe period. The employee shall move entitled, inwards abide by of the catamenia of notice, to total pay calculated on the solid soil of his concluding remuneration together with he shall move required to perform his move during that catamenia if the employer hence requests.
The parties may non concord to dispense amongst the requirement every bit to observe or to cut down the catamenia of notice, but may concord to increase it."
Based on aforementioned provision of Employment Law, whenever an employee is on observe catamenia he or she cannot avail other leaves. Therefore, yous cannot merge motherhood exit amongst your observe period. You may avail motherhood exit together with and hence resign from your utilization later yous resume your employment.
Your gratuity volition non move affected if yous comply amongst observe catamenia every bit mentioned inwards the Employment Law piece yous resign from your utilization if yous accept completed to a greater extent than than ane twelvemonth of continuous services amongst your electrical flow employer. This is inwards accordance amongst Article 132 of the Employment Law which states, "A worker who has completed a catamenia of ane or to a greater extent than years of continuous service shall move entitled to severance pay on the outcome of employment. The days of absence from move without pay shall non move included inwards calculating the catamenia of service. The severance pay shall move calculated every bit follows:
21 days remuneration for each twelvemonth of the showtime five years of service;
thirty days remuneration for each additional twelvemonth of service provided that the aggregate amount of severance pay shall non transcend two years remuneration."
KNOW THE LAW
An employee shall move required to perform duty during observe catamenia if the employer hence requests. You cannot combine motherhood exit amongst your observe period. Your gratuity volition non move affected if yous comply amongst observe catamenia regulations.