ع
Gulf News reported that under UAE Labour Law employers can instruct employees not to attend work during the notice period, a practice known as garden leave that maintains the employment relationship until the agreed end date. This measure helps companies safeguard proprietary information and client connections from employees who may be transitioning to competitors. Legal specialists note that the employee continues to be bound by all contractual obligations, including confidentiality clauses, throughout the period.
The arrangement does not alter the length of the notice period, which must be observed as per Article 43 of Federal Decree-Law No. 33 of 2021, according to the Gulf News analysis. Both parties retain the option to mutually consent to an earlier termination date but only if all financial dues are cleared in line with legal requirements. Such agreements prevent potential disputes over unpaid wages or benefits.
Employees placed on garden leave receive their full salary for the duration, based on the last drawn wage, the publication explained. End-of-service gratuity remains calculated on the final basic salary and is payable at the conclusion of the contract. This ensures that the practice does not disadvantage the worker financially.
Moyo, an employment law expert, told Gulf News that garden leave is designed to protect business interests without prematurely ending the contract. “Garden leave is when during the notice period the employee is not required to attend the office or perform work. However, he or she remains an employee of the company and is bound by the terms of their employment contract until the contract termination date,” Moyo said.
The UAE’s labour framework, updated in recent years, aims to provide flexibility for businesses while protecting employee rights, according to government guidelines from the Ministry of Human Resources and Emiratisation. Workers uncertain about their entitlements during notice periods can seek guidance through MOHRE’s dedicated channels or consult legal professionals. Formal complaints are available if employers fail to meet salary or gratuity obligations.
Additional reporting from Gulf News indicates that attempting to work for another employer during paid garden leave may violate the ongoing contract unless explicit approval is granted. The law requires compensation if either party breaches the notice terms, set at the equivalent of the unpaid or unworked period. Employees are advised to review their contracts carefully before accepting new offers that overlap with notice obligations.
