Can UAE company make employee work after end of notice period?


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I have been working for a company for the past 18 months and handed in my resignation on February 11, stating that my last working day was March 13. I was away on annual leave until the end of February and when I returned I was told to hand in my passport, company mobile, medical card and access card. I was then told by HR that they would contact me after the final settlement was done and that I didn't need to bother with the notice period. After a few days I was told to do a handover of information about customers and I completed this as best I could as I no longer had access to the company laptop and mobile. Then to my surprise I was called by HR and told that I would be contacted to take my replacement on joint visits to customers. My notice period has expired today, but the company told me that my replacement would be available this week. Can I be expected to work after my notice has expired? I need my visa to be cancelled and passport returned so that I can start a new job. CN Dubai

If someone has given one month’s notice in accordance with their contract terms, employment ends once that time has elapsed and the employer is legally obliged to cancel the visa and pay the final salary with the end of service gratuity payment. They cannot expect the employee to undertake any work after the end of the notice period, unless this is fully agreed in advance, which would be highly unusual. If the company does not want an employee to undertake any work during the notice period that is their choice and they cannot expect the individual to work additional days afterwards. The employee is entitled to full pay and benefits during this period. The company is not permitted to hold on to a passport any longer than they absolutely have to and if they refuse to return it with a cancelled visa and settle all payments due, I suggest that in the first instance CN contacts the Ministry of Labour to register a case against his former employer. The contact number is 800 665.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai. Contact her at keren@holbornassets.com

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