When an employee decides to leave a company, they must give notice in accordance with the agreed terms of the employment contract. Getty
When an employee decides to leave a company, they must give notice in accordance with the agreed terms of the employment contract. Getty
When an employee decides to leave a company, they must give notice in accordance with the agreed terms of the employment contract. Getty
When an employee decides to leave a company, they must give notice in accordance with the agreed terms of the employment contract. Getty

‘Is it mandatory for all employees to serve a notice period after they resign?’


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If one of our employees resigns immediately, could we ask him not to serve the notice period? Who has the right to enforce a notice period in the event of a resignation?

Is it the employer or the employee? Our company is in mainland Dubai and the unlimited contract mentions a two-month notice period. SG, Dubai

When an employee decides to leave a company, they must give notice in accordance with the agreed terms of the employment contract. In this case, the employee should continue to be employed for two months but they don't need to come to work if the employer does not want them to. This is not uncommon in sales roles, for example.

If an employer does not want someone who has resigned to be at work, they can put them on what is known as “garden leave”, whereby the person stays at home for the notice period and remains an employee with full pay and benefits. At the end of the notice period, the visa can be cancelled and benefits paid out.

Alternatively, the company can end a worker's service sooner but this can only be done with the employee’s consent and payment for the two-month notice period. In addition, commensurate pay and benefits must be made in full.

An employee may agree to this if they have a new job but they cannot be forced to end their service sooner.

My company said it plans to reduce my salary. If I do not accept the reduction, what can they do? Can they terminate me and will they pay my gratuity? I have been working for the company for more than six years. EW, Abu Dhabi

It is understood that EW works for a mainland company. No private employer in the UAE is permitted to reduce the salary of an employee without their agreement.

It has always been the case that both parties must agree to any changes to contract terms, but this was clarified in Ministerial Resolution No (279) of 2020, which came into effect a year ago and is still valid.

No private employer in the UAE is permitted to reduce the salary of an employee without their agreement

If an employer is facing financial issues and wishes to reduce a worker’s salary, they can do so for a specified period, but only “in agreement with the non-citizen employee”, as stated in Article 2 of the resolution.

If the company wishes to temporarily reduce a salary, they must follow the guidance of Article 5, which states: “Companies willing to reduce the wages of a non-citizen employee temporarily during the period referred to are obligated to do the following: 1. Conclude a “temporary additional appendix” to the labour contract between the two parties, according to the form attached with this resolution, provided that it expires with the expiration of the term of the contract or the period of validity of this resolution, whichever is earlier ... 2. To prepare the appendix ... in two copies, with each party keeping one of them. The employer shall submit it to the ministry whenever requested to do so.”

If the company wishes to permanently reduce the salary, they still need the employee’s agreement and must then follow guidance in Article 6 of the resolution: “The companies that want to permanently reduce the wages of a non-citizen employee are obligated to apply on the ‘employment contract data modification’ service to obtain the approval of the ministry in accordance with the procedures in force.”

If an employee does not accept the reduction and it is imposed, they should register a case against the employer with the Ministry of Human Resources and Emiratisation.

If an employee is terminated for not accepting a salary reduction, they have a case for arbitrary dismissal under Article 122 of the UAE Labour Law. This states: “The termination of the employment of the worker by the employer shall be deemed arbitrary should the cause of termination not be related to work ...”

Article 123 explains the compensation that may be due. “Should the worker be arbitrarily dismissed, the competent court may order the employer to pay compensation to the worker. The court shall assess such compensation, taking into account the type of work and the extent of damage incurred to the worker, as well as the duration of employment and after the investigation of the work conditions. In all cases, the amount of compensation shall not exceed the wage of the worker for a period of three months calculated on the basis of the last due wage.”

The gratuity is also payable in full. The ministry can be contacted through its website or by calling 800 60.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information only

AUSTRALIA SQUAD

Aaron Finch, Matt Renshaw, Brendan Doggett, Michael Neser, Usman Khawaja, Shaun Marsh, Mitchell Marsh, Tim Paine (captain), Travis Head, Marnus Labuschagne, Nathan Lyon, Jon Holland, Ashton Agar, Mitchell Starc, Peter Siddle

The smuggler

Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple. 
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.

Khouli conviction

Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.

For sale

A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.

- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico

- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000

- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950

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Abaya trends

The utilitarian robe held dear by Arab women is undergoing a change that reveals it as an elegant and graceful garment available in a range of colours and fabrics, while retaining its traditional appeal.

LUKA CHUPPI

Director: Laxman Utekar

Producer: Maddock Films, Jio Cinema

Cast: Kartik Aaryan, Kriti Sanon​​​​​​​, Pankaj Tripathi, Vinay Pathak, Aparshakti Khurana

Rating: 3/5

How to wear a kandura

Dos

  • Wear the right fabric for the right season and occasion 
  • Always ask for the dress code if you don’t know
  • Wear a white kandura, white ghutra / shemagh (headwear) and black shoes for work 
  • Wear 100 per cent cotton under the kandura as most fabrics are polyester

Don’ts 

  • Wear hamdania for work, always wear a ghutra and agal 
  • Buy a kandura only based on how it feels; ask questions about the fabric and understand what you are buying
Ziina users can donate to relief efforts in Beirut

Ziina users will be able to use the app to help relief efforts in Beirut, which has been left reeling after an August blast caused an estimated $15 billion in damage and left thousands homeless. Ziina has partnered with the United Nations High Commissioner for Refugees to raise money for the Lebanese capital, co-founder Faisal Toukan says. “As of October 1, the UNHCR has the first certified badge on Ziina and is automatically part of user's top friends' list during this campaign. Users can now donate any amount to the Beirut relief with two clicks. The money raised will go towards rebuilding houses for the families that were impacted by the explosion.”

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AWARDS
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Company%20profile%20
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COMPANY PROFILE
Name: Kumulus Water
 
Started: 2021
 
Founders: Iheb Triki and Mohamed Ali Abid
 
Based: Tunisia 
 
Sector: Water technology 
 
Number of staff: 22 
 
Investment raised: $4 million 
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The Bio

Favourite place in UAE: Al Rams pearling village

What one book should everyone read: Any book written before electricity was invented. When a writer willingly worked under candlelight, you know he/she had a real passion for their craft

Your favourite type of pearl: All of them. No pearl looks the same and each carries its own unique characteristics, like humans

Best time to swim in the sea: When there is enough light to see beneath the surface

House-hunting

Top 10 locations for inquiries from US house hunters, according to Rightmove

  1. Edinburgh, Scotland 
  2. Westminster, London 
  3. Camden, London 
  4. Glasgow, Scotland 
  5. Islington, London 
  6. Kensington and Chelsea, London 
  7. Highlands, Scotland 
  8. Argyll and Bute, Scotland 
  9. Fife, Scotland 
  10. Tower Hamlets, London 

 

UPI facts

More than 2.2 million Indian tourists arrived in UAE in 2023
More than 3.5 million Indians reside in UAE
Indian tourists can make purchases in UAE using rupee accounts in India through QR-code-based UPI real-time payment systems
Indian residents in UAE can use their non-resident NRO and NRE accounts held in Indian banks linked to a UAE mobile number for UPI transactions