Question: I am in a peculiar situation. I work in a Dubai-based company and am currently on vacation in my home country. Due to some unforeseen circumstances and a genuine emergency, I will not be able to come back to the UAE as my presence is required in my home country to sort some things out. If my boss insists on me serving my notice period, and I obviously cannot, how will that impact me? How can I settle it? How do I claim my end-of-service benefits? And what happens to my visa and that of my wife and two children?
Response: Pursuant to your queries, it is assumed that you are employed by a private mainland company based in Dubai, and you hold a valid employment visa. Further, it is assumed that your wife and two children's UAE residency visas are sponsored by you. Therefore, the provisions of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations (the 'Employment Law') and those of Cabinet Resolution No.1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations (the 'Cabinet Resolution No. 1 of 2022') are applicable.
An employee may not resign from his employment, while he or she is on leave, unless mutually agreed with the employer. This is in accordance with Article 35 of the Employment Law, which states: "If either party wants to terminate the contract during the period of leave in accordance with the provisions of this Decree-Law and its Executive Regulations, then the Notice Period...
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