Can Your Employer Keep You at Home During Notice Period? Understanding Garden Leave

If you are employed by a company based in mainland Dubai, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations and Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 apply to your employment.

Under UAE law, either the employer or employee can terminate an employment contract by serving the required notice period specified in the contract.

Article 43(1) of the Employment Law states: "A party to an employment contract may terminate the contract for good cause, by giving the other notice in writing.

The employee shall perform their duties during the notice period agreed upon in the contract, provided the notice period is not less than thirty (30) days and not in excess of ninety (90) days."

However, the notice period can be reduced by mutual agreement between the employer and employee, while ensuring that the employee's salary and entitlements during the notice period are respected.

According to Article 43(2) of the Employment Law, "the Employment Contract shall continue in force throughout the Notice Period and expires with the expiry of the Notice Period.

The employee shall be entitled to their full salary for such period on the basis of their last salary and shall perform their work if the employer so requests."

This brings us to the concept of garden leave. During garden leave, an employee remains employed and is on the payroll but is asked to stay away from the office and refrain from performing any work.

This typically happens after an employee resigns or is terminated. Even though you are not working, you are still entitled to receive your salary and benefits during this period.

If your employer has placed you on garden leave during your notice period, you should obtain written confirmation to prevent any future complications. This confirmation ensures that your employer cannot later accuse you of abandoning your work.

Article 28(1)(a) of Cabinet Resolution No. 1 of 2022 highlights that an employer can report an employee as abscoding if they have been absent for more than seven consecutive days without informing the employer.

If you have further concerns, it is advisable to consult with the Ministry of Human Resources & Emiratisation (MoHRE) or seek legal counsel in the UAE to ensure you are protected throughout this process.

What is Garden Leave?

Garden leave is a protective measure often used by employers during an employee's notice period. Though the employee is still under contract and continues to receive their salary and benefits, they are required to stay away from the office and are not permitted to work elsewhere during this period.

Employers implement garden leave to mitigate risks, such as the potential leaking of sensitive information or sabotaging client relationships.

During garden leave, employees are typically cut off from accessing the company’s data or premises and may be prohibited from contacting colleagues, clients, or suppliers. This practice helps to protect the employer's business interests until the employee’s departure is finalised.

Though commonly associated with the UK, Australia and New Zealand, garden leave can also be seen in the UAE, particularly in industries where proprietary information or client relations are critical to business success.

In conclusion, while you are on garden leave, you remain entitled to your salary and benefits. Be mindful of the terms set by your employer and ensure all agreements are documented in writing to safeguard your rights.

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