# Vacation leave during notice period (Resignation)



## Retnuh

Hello,

I wander if anybody can help me with this question as I can not find anything relevant in UAE Labor Law:

As per my contract I have to give 1 month notice to my employer if I decide to resign. But what happens if I have holidays booked in the middle of this period (approved by the company before resignation)? 

Can I serve 15 days, go for my 2 weeks holidays and serve the rest of 15 days upon return? Technically I am serving 30 days notice but with a gap in the middle.

I am on husband visa (only hold Company’s labor card) and my office is based in freezone (DMCC)

Thank you


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## rsinner

if the labour law is silent on this (I havent checked), I guess it depends on the company's policies. But in any case, if they don't allow you to take holidays, make sure that they pay for the number of unused holidays !


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## Retnuh

Can they actually stop me from taking my leave?

The holidays we get is 2.5 days a month (30 calendar days in total) and when I return from vacation I will have only 4 leave days left from September till the end of the year (so I used more than I should I suppose).

In any case I guess it would be more beneficial to resign after I return to avoid any trouble as there is no way I am giving up my planned leave?


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## rsinner

Retnuh said:


> Can they actually stop me from taking my leave?
> 
> The holidays we get is 2.5 days a month (30 calendar days in total) and when I return from vacation I will have only 4 leave days left from September till the end of the year (so I used more than I should I suppose).
> 
> In any case I guess it would be more beneficial to resign after I return to avoid any trouble as there is no way I am giving up my planned leave?


In no position to advise. I haven't gone through the labour law about this. In our company we are not stopped from taking leaves during the resignation period provided leaves are available. Seems like in your case they are not. If I were you I would resign after I come back, but depends on your bosses, HR, circumstances etc.


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## vantage

normally, i would say booked leave is part of the notice period.
if you've a week booked, and have a month's notice, you do not have to split the month round the leave.
This works where you take leave that you have earned.

You are taking unearned leave, which complicates matters a bit, i would think.

In countries other than this, it is usually dealt with in the final pay cheque. Deduction of xx days, or payment for untaken holidays etc etc.

As for here? no idea!


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## callofduty

Well if you give them your notice, work for 30 days, and resign after those 30 days, your entire unused leave balance will have to be paid by your Company as per labour law they need to pay unused leave. Best thing to do would be to take the leave, come back, and then give the notice, because or else there's a few complications:

a) The Company will have to add your leave days to your EOSB calculation/payment as it is a paid leave (I'm assuming it's paid leave, if it's not then don't worry about this part) and
b) The approved leave days will probably count towards the 30 day notice period, hence I'm not sure if you'll be able to work for another 15 days upon return as your one month will be completed.

Sorry, I can normally be very helpful when it comes to EOSB-related stuff but this is a pretty tricky situation, I don't remember coming across it in the Labor Law documentation. Hopefully someone can give a better, more concrete answer or correct me if I'm wrong.

Just a word of advice, be very careful about what you do during the notice period, there's quite a few clauses in the labour law that emphasize on that period when it comes to EOSB remuneration, working for another employee afterwards, etc; Don't want to be violating anything by going on break during that period.


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## Retnuh

Thank you everybody, I will wait till I return to resign.


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## fcjb1970

Retnuh said:


> Thank you everybody, I will wait till I return to resign.


There is no reason you cannot take leave during your notice period. You may want to be courteous and not do this, but there is nothing illegal about it. Also, you can always give 6 weeks notice before you leave on holiday if you like them and want to give them as much time as possible to find a replacement.

Along these lines something to be aware of is that some companies only pay base salary when they pay out vacation time in your final settlement. So it may be in your best interest financially to use up as much as possible of that time in actual daze off not as a cash payout


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## dimkatsar

Retnuh said:


> Hello,
> 
> I wander if anybody can help me with this question as I can not find anything relevant in UAE Labor Law:
> 
> As per my contract I have to give 1 month notice to my employer if I decide to resign. But what happens if I have holidays booked in the middle of this period (approved by the company before resignation)?
> 
> Can I serve 15 days, go for my 2 weeks holidays and serve the rest of 15 days upon return? Technically I am serving 30 days notice but with a gap in the middle.
> 
> I am on husband visa (only hold Company’s labor card) and my office is based in freezone (DMCC)
> 
> Thank you


Good morning,
May i ask something regarding resignation?.What is exactly the 1 month notice period?.Does it mean that you have to inform your boss 1 month before the end of the probation period that you want either to resign yourself or to stay at your position??.
If you dont give them a notice, then does it mean that you loose your right of resigning yourself?.Do you still can resign yourself anytime you want when you sign the contract after the end of the probation period??.


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## fcjb1970

dimkatsar said:


> Good morning,
> May i ask something regarding resignation?.What is exactly the 1 month notice period?.Does it mean that you have to inform your boss 1 month before the end of the probation period that you want either to resign yourself or to stay at your position??.
> If you dont give them a notice, then does it mean that you loose your right of resigning yourself?.Do you still can resign yourself anytime you want when you sign the contract after the end of the probation period??.


One month means one month it does not matter if you are on probation or not (your employer can terminate you without notice during probation, you do not have the same ability to resign without notice).

It means if you want to resign you write a letter telling your company on 3-Aug your last day cannot be before 3-Sept. Also it must be in writing, simply telling your boss does not qualify as resigning


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## dimkatsar

fcjb1970 said:


> One month means one month it does not matter if you are on probation or not (your employer can terminate you without notice during probation, you do not have the same ability to resign without notice).
> 
> It means if you want to resign you write a letter telling your company on 3-Aug your last day cannot be before 3-Sept. Also it must be in writing, simply telling your boss does not qualify as resigning


so lets say i am in a 6month probation period and want to resign myself.Do i need to write down my resignation on the beginning of the 6th month telling them that i am going to leave the company at the end of the probation period,am i right?.
thank you


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## fcjb1970

dimkatsar said:


> so lets say i am in a 6month probation period and want to resign myself.Do i need to write down my resignation on the beginning of the 6th month telling them that i am going to leave the company at the end of the probation period,am i right?.
> thank you


Not sure what part of one month is confusing you. Probation has nothing to do with it If you want to leave after 6 months you have to give a formal resignation letter at 5 months. If that happens to coincidentally be the end of your probation period than so be it.


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