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uae labour law resignation

Resignation Under UAE Labor Law: A Comprehensive Guide

Resigning from a job can be a complex process, especially when navigating the legalities of a different country. Understanding your rights and obligations as an employee in the UAE is crucial for ensuring a smooth and compliant exit. This comprehensive article explores the essential steps and considerations involved in UAE Labour Law resignation.

In this article, we will break down key aspects of resignation in the UAE. Including: proper notice periods, benefits and entitlements, how to handle potential disputes, and the legal consequences of non-compliance.  Regardless of the type of your contract, this article will equip you with the knowledge to navigate your UAE labour law resignation process with confidence.

Notice Period and Notification Requirements

uae labour law resignation

UAE Federal Law No. 33 of 2022 says that the employer should be notified of the intention to resign in advance. This usually constitutes the window of time which is between 30 and 90 days. Depending on your employment contract, position, and sometimes even company policy.

It is important to verify your contract as to the stated time range. Not providing the stipulated notice will result in legal consequences. Like visa cancellation, a labor ban, or nonpayment of your final paycheck.

  • You should send the notification in writing. Can be a formal resignation letter addressed to your supervisor or HR.
  • The letter must clearly state your intent to resign. Also, your last working day is calculated based on your contractual notice period. As well, you can include a short expression of gratitude for the opportunity to work at the company (optional).
  • The best option for a smooth transition would be to write a transition plan. Where all your ongoing responsibilities and projects could be listed.

This, in turn, signifies your professionalism, enabling your peers to continue seamlessly with your work. Adhering to the UAE labour law resignation notice period protects your rights while maintaining a good employer relationship.

Rights and Obligations of Employees

Working as an employee in the UAE requires you to be aware of your rights and obligations. Next, we will describe some key aspects:

  1. Right to Fair Notice: It is your obligation to give notice as prescribed by the company policy. Even if your employer is forcing you out earlier. This will ensure that the transition is unhindered and that no legal infractions occur.
  2. End-of-Service Benefits: You might receive end-of-service gratuity or other benefits on UAE labour law resignation. This is based on your type of contract (limited or unlimited period) and length of service. The amount of gratuity is dependent on your basic salary and the period of service rendered with the organization.
  3. Salary and Leave Encashment: You have the right to receive the full wage for the days you worked minus your dues or any unaccounted absence. Such as your vacation days accumulated and encashed at the agreed rate in the contract. Moreover, some organizations may pay their employees for accumulated sick leave days under certain agreed terms.
  4. No-Compete Clauses: Carefully read through your contract to find any non-compete clauses. This would prohibit you from joining a competitor after you resign. The validity and enforceability of these clauses may differ and a legal consultation might be an additional option if you have some concerns.
  5. Maintaining Confidentiality: Even after quitting the company, you are still under the obligation to maintain the confidentiality agreement. This applies regarding company information, and trade secrets. Such information may include valuable data, clients’ names and proprietary processes.

By the way, they are only approximate guidelines. Analyze your specific job contract and ask for the latest information on employee rights and obligations during the UAE labour law resignation.

Responsibilities of Employers During Resignation

Employers in the UAE also have specific legal responsibilities when an employee resigns:

  • Issuing a Release Letter: After the effective date of your resignation you have to complete the notice period. Then, your employer has to give you a release letter, to be known as a service certificate. This termination letter specifies the date of your employment, your present position, and the end of employment. Of course, it has several crucial functions, for instance, applying for a new job or obtaining a new visa.
  • Settling Final Dues: Any salary due for the days worked and any leave pay accrued must be paid by your employer. Which includes gratuity payable with the contract of service and the law. This includes the calculation as well as payment of any vacation days which the worker has to pay at the agreed rate.
  • Returning Belongings: The organization should return any personal belongings left at the workplace. Like, ID, equipment (laptop, phone) and any item stored at your desk or locker. It is advisable to collect your belongings on your last working day or arrange a mutually convenient time for handover.
  • Cooperation with Visa Cancellation: Employers have to cooperate with the visa cancellation process after your last working day. This might involve providing them with necessary documents or attending specific appointments at immigration authorities. Ensure you understand your responsibilities in this process as well, such as surrendering your residence visa card upon cancellation.
  • Reference Letters (Optional): While not mandatory, some employers might provide you with a reference letter upon request. Depending on your performance and the company policy. A positive reference letter can be valuable when applying for new jobs. If a reference letter is important to you, discuss it with your manager or HR department during your notice period.

Resignation Benefits and Entitlements

UAE labour law resignation may give you some sort of benefits or compensation. This depends on the type of your employment agreement and terms of the service you have performed. Some of the possible benefits are:

  • End-of-Service Gratuity: This is a terminal benefit is an amount of money an employee will receive on UAE Labour Law resignation. This applies after completing one year of continuous service. The calculation of the amount of gratuity based on your salary and your total number of years at the company.
  • Unused Vacation Pay: Such claims are subject to paying the agreed-upon price of your contract for any unused but accrued vacation periods. Such is applicable to both fixed-term and open-ended contracts.
  • Other Contractual Benefits: Check in the contract to see whether any other leave of absence benefits are asserted when one resigns. This may be in the form of leaving unused sick days allowance (specifically when conditions apply). Also, bonus based on performance, or the allowance that is paid to expatriate employees.

Important Considerations:

  • Notice Period Impact: It is essential for you to adhere to your predetermined notice period. This way, you ensure your complete benefits and your rights. By not providing adequate notice or disregarding non-competition clauses, you may be at risk of losing all or part of your benefits.
  • Contractual Variations: The exact benefits and their qualification requirements often differ depending on the parties involved. As well as what is on the employment contract in this regard.
  • Dispute Resolution: A case where the employer and you disagree about the UAE labour law resignation benefits and entitlements could happen. Then, you have the option of filing a complaint with MOHRE.

Resignation During Probation Period: Procedures and Considerations

It is underlined in Article 9 of the UAE Labor Law of 2021. The employee on probation has to give advance notice of at least 14 days to the employer when intended to resign.

  • Employer Considerations: Employers usually have better opportunities when it comes to employees’ resignations during the trial period. Such companies could be under no obligation to provide retention counteroffers or engage in protracted negotiations to retain the employee.
  • Employee Considerations: Leaving a job during the probation period has some disadvantages as well. You might not be eligible for some privileges. Such as end of service gratuity and your employer might not offer you a positive reference letter. Besides, it would be difficult finding a new job right away, particularly when the probation period was short.
  • Open Communication: Sustaining communication with your employer during the probation period is of great importance. If you are unsure about the role or the office atmosphere, please address them with your manager. Truthful communication will ease the transition process if you decide to resign in the end.

The specific terms governing probation might be in your individual employment contract. Ensure you review these details carefully to understand your rights and obligations during this initial phase.

By understanding the procedures and considering the potential implications, you can make an informed decision about UAE labour law resignation during probation period.

Although most resignations in the UAE are smooth, there are cases when employers and employees do not coincide. Here is what you should know about dispute resolution for resignation matters:

  • Common Dispute Areas: Some of the issues which are most commonly in conflict during resignation are:
    • Notice period fulfillment
    • The calculation of last salary inclusive of unpaid wages or leave encashment.
    • End-of-service gratuity entitlement
    • Release letter issuance
    • Return of personal belongings
    • The Ministry of Human Resources and Emiratisation of UAE acts as the main government body. Dealing with labor disputes. They offer various mechanisms for resolving disagreements:
  • Informal Mediation: MOHRE starts the informal mediation between the employee and the employer in the first place. This involves a worker from MOHRE leading a dialogue that will result in an agreement that is mutually beneficial.
  • Formal Grievance Procedures: If you do not succeed in informal mediation, you can then submit a formal complaint directly to MOHRE. The first step involves the presentation of the complaint, which includes the disputed resolution and any available evidence.
  • Labor Courts: Alternatively, you can turn to the Labor Courts here in UAE to pursue legal action. It involves a more complicated and lengthy process that may require legal assistance.
  • Seeking Legal Advice: We suggest seeking the legal help of a lawyer who specializes in UAE Labor Law. More specifically for complicated cases involving large sums of money. A lawyer can advise you on your legal rights, act on your behalf in mediation and court, and put the case forward accordingly.

You have to understand the available channels and seek professional help when needed. As a result, you shall be able to successfully deal with possible legal consequences related to your UAE labour law resignation after 6 months.

Best Practices for Professional Resignation

Quitting your job can be stressful. Following some best practices can ensure a smooth and professional transition:

  • Plan Ahead: Make sure to give yourself a lot of time to yourself while taking into account the resignation process. Review your Employment contract to determine the notice period requirement as well as possible repercussions involved in leaving your work.
  • Open Communication: Schedule a meeting with your manager to officially communicate your will to resign. Also make sure you mention your last working day based on the duration of the notice. Elaborate on the reasons for your departure.
  • Written Notification: Culminate your meeting by writing your resignation letter to your manager or head of the human resources. Summarize the information of your resignation and what is the last working date. Also take this chance to thank the company for this job experience with you (optional).
  • Handover Plan: Display professionalism. This can be achieved by developing a transition plan that entails the projects you are working on. Also, your responsibilities especially at times, and your deadlines. In this way, you can ensure the team’s workflow is continuous and your colleagues can continue any work that you have not finished with ease.
  • Professional Courtesy: During this period feel free to be friendly and helpful to all. Contribute to the team by informing your colleagues and perform tasks assigned in an appropriate manner.
  • Return of Company Property: Make sure you return everything that was imbued with you by the company. Including your ID, laptop, and any other documents, before your last day.

Thus, by following these suggestions, you will be able to ensure that you make a good and lasting impression on your employer and colleagues. Which ultimately may result in extensions of your professional connections.

Resignation Procedures under UAE Labor Law for Limited Contracts

Limited contracts are the ones with a built in end date. Which is present in the legislation of the UAE. The UAE labour law resignation limited contract process may vary in some aspects. From the mechanism required to terminate employment in case the contract is unlimited. Here is a breakdown of key points:

  • Notice Period: Just as it happens in the case of unlimited contracts, the notice period concerning the departure under limited contract is equivalent. That means, you have to hand in a written notice to your employer within the time span that the agreement provides, which is usually from 30 to 90 days.
  • Early Termination Clause: Certain contracts with a time limit will allow either party to exercise early termination against the initializer of either party with specific penalties. Closely read and review your contract for them and know the possible monetary impact of you leaving prior to the stipulated contract end date.
  • End-of-Service Gratuity: Employees limited contracted with less than one-year period length does not entitle these employees to termination indemnities when resigning. Nevertheless, there can be exceptions. Such as specific terms of contract or cases where the termination is caused by the breach of contract by the employer.
  • Other Benefits: In addition to your final salary for the days you worked, you will also receive payment for all unused and accrued vacation payments at the rate predetermined by your contract. Review your employment contract with your workplace and HR to find out what other benefit than above you can enjoy.

Always refer to your contract for the most specific information. If you have any doubts or face challenges during the resignation process under a limited contract, consider seeking legal advice from a lawyer specializing in UAE Labor Law.

Resignation Guidelines for Unlimited Contracts under UAE Labor Law

Unlimited contracts are the type of employment agreements where the end date has not been defined. These job contracts ensure more job security. Even though they have particular requirements that the workers need to comply with following the labor law.

  • Notice Period: The window of opportunity would generally be anywhere from 30 to 90 days. And it may also be depending on your position or company policy. Lacking the required notice could lead to legal sanctions. Such as the cancellation of visa, a labor ban, and the withholding of end-of-service benefits.
  • End-of-Service Gratuity: The effect of unlimited contract is a chance that employees have end-of-service gratuity upon resignation. Valid after completing one year of continuous service. You calculate the amount of the gratuity via basic salary and your total years of service according to the UAE Labor Law.
  • Other Benefits: Moreover, in addition to the final gratuity, you might be entitled for your last salary for all worked days as well your accumulated but uncashed vacation days with the agreed-upon rates in your contract. Some corporations may introduce the option of encashing sick leave days that are in the rules.

However, this information is only a general guideline. It is important to understand the specifics of the notice period, benefits, and other potential resignation terms depending on the employment contract signed by the worker.

When you face off with your employer about the process of resigning, benefits or other aspects related to the unlimited contract, you can make a complaint to MOHRE.

FAQs: Common Queries Regarding Resignation Under UAE Labor Law

uae labour law resignation

Handling the procedures of resignation in the UAE may involve multiple issues and shades of clarity. Here are answers to some frequently asked questions (FAQs) to help you gain clarity:

What is the notice period required for resignation in the UAE?

This term should be not less than 30 days. It is usually between 30 and 90 days, and sometimes it is as per the company policy. For instance, a longer notice period for senior management than that of entry-level roles could be granted.

It is crucial to verify your contract. This way, you will know the type of notice period you should adhere to. Failing to provide the stipulated notice period could result in legal consequences for you, including:

  • Visa Cancellation: Your employer might have grounds to ask for the cancellation of your UAE visa.
  • Labor Ban: MOHRE can place a labor ban on you. Which means you cannot look for a job elsewhere in the UAE for a limited period.
  • Withholding of Final Dues: Your employer may withhold your last salary, any accrued leave encashment or even maybe, end-of-service gratuity until you complete the regulated notice-period.

This way you are ensuring compliance and a notice period as well as protecting your own rights and a smooth exit process.

Can I resign without giving notice under UAE labor law?

The UAE authorities strongly discouraged that resignations take place without a notice period. The practical notice periods are featured as per the UAE labor law; where you will be given enough time to hand over all of your responsibilities and to ensure the company keeps running smoothly.

The possibility of termination without the notice can be looked upon as a breach of the contract and it also has legal consequences like visa cancellation, labor bans, and withholding of the final dues.

Nonetheless, extreme situations may occur and one could resign without notice. These scenarios are rather exceptional, and they would result from a very serious breach of contract on part of your employer, say, payment of salary in a consecutive manner or unsafe working environment.

What are my rights as an employee when resigning in the UAE?

Through learning about your rights, you can safeguard that the procedure of your resignation is both fair and follows every rule. As an employee resigning in the UAE, you have several key rights:

  • Right to Fair Notice: It is your obligation to give the time notice as mentioned in your employment contract, even if your employer forces you to leave before you would like. It additionally involves a smooth transition of projects and tasks between your colleagues and prevents you from possible litigation.
  • End-of-Service Benefits: It all depends on your contract type (limited or unlimited) and the duration of employment on your resignation whether you are eligible to get a gratuity or not. This is the amount that a company pays to you, and it is determined by the basic pay and the total service years in the company it is calculated upon.
  • Salary and Leave Encashment: You have the right to receive in full any amount related to every worked day. Also, you have the right to get the vacation day payments according to the rate indicated in your contract provided the total has already accrued, but not spent.
  • Confidentiality: Despite the fact that your relationship with your employer ended, you will still stick to confidentiality agreements that existed regarding company information and trade secrets.

We need to keep in mind that these rights are general ones, and the specifics might differ from one contract to another. Every time make sure you refer to your contract for the right information concerning your rights and entitled to during resignation.

What are the employer’s responsibilities upon receiving a resignation notice?

When you resign in the UAE, your employer has specific legal obligations towards you:When you resign in the UAE, your employer has specific legal obligations towards you:

  • Issuing a Release Letter: In this employment document you will find the dates when your employment started, your job title as well as your end of service date. Release letter is important for a number of opportunities, including seeking for new work places in the UAE or getting a new residence visa.
  • Settling Final Dues: Your employer has to pay you all of your rightful wages within a specified period after your last working day. This includes:
    •  Your final salary for all worked days.
    •  Any accrued but unused vacation days encashed at the agreed-upon rate in your contract.
    •  End-of-service gratuity (if eligible).

Returning Belongings: The company must return to you any private stuff left at the workplace. For instance, your work identity document, company equipment (a laptop, phone), or any personal items found in your desk or lockers.

Cooperation with Visa Cancellation: Employers have to work alongside the cancellation of the visa procedure upon your last employment day. This may include presenting them with the necessary documents or visiting specific places (immigration authorities’ appointments) with them.

So, discharging these tasks ensures a smooth hassle-free and compliant resignation process for both you and your employer. If there is any complaint about the employer’s breach of these responsibilities. you can contact the MOHRE.

Do I receive any benefits or entitlements upon resigning in the UAE?

The period of your employment is an important factor in deciding the availability of some benefits. In particular, the motives for resigning, could sometimes (e.g., resigning due to a breach of contract by the employer), affect the benefits up for claiming.

Here is a breakdown of some potential benefits and entitlements you might receive upon resignation:

  • End-of-Service Gratuity. It is calculated using your basic pay and total service years of the company, according to the regulations of the UAE Labour Law.
  • You are eligible for full reimbursement of the unused but accrued vacation time at the contractual rate you are entitled to.
  • Take a close look at your employment contract for any other benefits or compensation you are entitled to receive upon resignation. This could include benefits such as the option (with certain conditions) to use the unused leave balance for encashment, bonus payments tied to performance, and repatriation allowance (for expatriate employees).

What should I do if my employer refuses to accept my resignation?

Under the UAE Labor Law, the workers and the employer can respectively terminate the employment contract with a notice as specified in the contract. Ensure that you are aware of the terms and conditions of your contract of employment stipulating the requirements for the valid notice period.

  • Discuss the major issues faced by your entity with your employer. Come to conclusions and try to solve those issues. Maybe they need to have a long hand-over or that they would agree to pay you for the remainder of the notice period.
  • If you are unsuccessful through the negotiation, then it is recommended to go to the Ministry of Human Resources and Emiratisation. MOHRE could seek to mediate or give directions on how to end the dispute.

Can I retract my resignation after submitting it to my employer?

Once you submit the letter of resignation, it is usually treated as you are already off the job. Anyhow, you may still be able to withdraw it if your workplace supervisors have not yet commenced the recruitment process and yield to your plea.

  • The sooner you tell your employer that you want to take back the letter of opposition, the higher probability it is that they will allow it.
  • If your employer agrees to you retracting your resignation, get written confirmation for your records to avoid future misunderstandings.

MOHRE empowers informal mediation as the initial level of working out any sort of disputes which can possibly occur during leave of job. A representative of MOHRE, on your behalf, will initiate a dialogue between you and the employer to culminate in a solution that both parties accept.

  • Formal Grievance Procedures: On the other hand, if mediation fails, you can file a formal complaint to MOHRE. The process then requires submitting an exhaustive complaint describing the dispute and any evidence you could have.
  • Labor Courts: Through the UAE Courts, Labor Law may be used as a last resort form of legal action. It is a complex and long-winded process, which can also involve the necessity of legal counsel. An individual, whose matter is complicated, must necessarily seek help of a reputable advocate specializing in the UAE Labour Law resignation.

Failing to adhere to proper UAE labour law resignation procedures can have legal repercussions for both you and your employer:

  • Employee Consequences: You can face consequences like cancellation or banning of visa. This can happen when not adhering to the notice period requirement or breaching the non-competition clause in your employment contract. If these happen, you will not be allowed to apply for new employment and your employer may decide not to give you your letter.
  • Employer Consequences: When employers do not produce a release letter or fail to settle final dues or do not cooperate with the visa cancellation process after your UAE labour law resignation. This may incur fines or penalties imposed by MOHRE.

It is extremely important, not only to adhere to the procedures, but also to have an open communication with your employer. This is to avoid potential disputes and to ensure that your leave-taking will be satisfactory for you as well as your employer.

If you have questions or you want to know more about this and other topics, contact us!

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