UAE Labour Law: Can I use pending annual leave days during the notice period?

Resignation stock — This is what the Labour Law states about notice period and annual leave rights of an employee. Picture used for illustrative purposes.
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Dubai: If you have just given your notice at work, or if you were informed that your contract is being terminated, what happens to all the days of annual leave that you may have? Can you use those annual leaves during your notice period? Or can you only get cash in lieu?

According to Dubai-based legal consultant Jihene Arfoui, it is first important to look at what the UAE’s Labour Law states about the conditions that a notice period should meet.

What the Labour Law states about the notice period

“As per Article 43 of Federal Decree Law No. 33 of 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. The worker shall perform his duties during the notice period agreed upon in the contract, provided that the notice period is not less than 30 days and not in excess of 90 days.

“The worker shall be entitled to his full remuneration for that period according to the last salary he or she was receiving, and he or she shall work during that period if the employer asks him or her to do so.”

What if I have pending annual leaves?

Arfoui added that the law does not clearly mention an employee’s entitlement of the pending annual leave during the notice period. Also, as per the regulations in Article 43 (1), it is recommended that the employee work on all the working days of the notice period.

“However, the worker 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 with the Labour Law.”

The worker 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.
– Jihene Arfoui, Dubai-based legal consultant