How to resign from your job without legal issues in the UAE
Suppose you plan to resign from your job to pursue a new opportunity. In that case, you should know that there are some legal stipulations you must abide by to ensure you are following the necessary process. If you are uncertain about the best practices to adopt in such a situation, here is a guide on how to resign from a job in the UAE.
HOW TO LEGALLY RESIGN FROM YOUR JOB IN THE UAE
For those wondering ‘how to legally resign from a job in the UAE,’ our guide puts together the legally correct ways to do so. For convenience, we’ve assembled a list of things you must remember before, during and after resigning.
Here is a checklist of the best ways to resign from your job in the UAE!
FAMILIARISE YOURSELF WITH THE UAE LABOUR LAW
- According to Article 8(4) of Federal Decree-Law No. (33) of 2021 (UAE Labour Law):
If the contract is extended or renewed, the new term(s) will be considered an extension of the original term and added to it while calculating the worker’s continuous term of service.
- The new UAE labour law has abolished ”unlimited” contracts. It allows only fixed-term/limited contracts in the UAE.
READ YOUR EMPLOYMENT CONTRACT BEFORE YOU RESIGN FROM YOUR JOB
UAE law for resignation dictates that you read the terms and conditions of your employment contract thoroughly before signing. This ensures that you have the necessary information before initiating the resignation process.
You can seek termination of the employment contract with mutual consent or by serving a notice period of one to three months, depending on the period stated in your contract.
Many companies also have a competition clause as part of the contract, which prevents employees from joining a competitor. If there is any such rule written in your contract, abide by it.
AVOID ABSCONDING
Leaving a job in the UAE without proper notice, also known as absconding, can have serious consequences. This includes a potential one-year ban on future employment in the country.
If an employee doesn’t report to work for seven or more days without providing any reason for their absence, the resignation rule in UAE deems the employee an absconder.
HOW TO RESIGN LEGALLY IN THE UAE: THINGS TO REMEMBER WHILE RESIGNING
- Discuss your Resignation
- Submit Resignation Letter
- Counter Offer
- Serve Notice Period
- Calculate Gratuity
- Return Confidential Documents
Even though you have planned to move ahead with a new opportunity and are waiting for the right time to inform your employer, here are some tips for resigning from your job:
DISCUSS YOUR PLANS WITH THE EMPLOYER
While you don’t need formal approval to resign, having an open conversation with your employer before you leave shows courtesy and professionalism. This allows them time to plan the transition and identify the correct replacement. Also, they might offer valuable career advice as you move on to take a new role in a new organisation.
Ensure a complete handover is done before you leave the company.
SUBMIT A FORMAL RESIGNATION LETTER
Under the rule of job resignation in the UAE, you have several options for submitting your resignation letter. You can either hand-deliver it to your manager or send it via email. Whichever method you choose, clearly state your resignation and provide your last working day as per your contract. This ensures transparency and avoids any confusion during the transition.
WEIGH THE COUNTEROFFER BEFORE YOU RESIGN FROM YOUR JOB
Organisations have retention strategies and policies to retain their best employees. If you’re considering a new opportunity and have mentioned this to your employer, a counteroffer from your current company can be valuable.
It allows you to reevaluate your role and compensation within your current organisation. Take time to weigh their offer against your original reasons for resigning. Ultimately, the decision you make will be the best fit for your career goals.
SERVE THE NOTICE PERIOD
In case you are wondering ‘if it is legal to give a resignation in UAE,’ the answer is yes. Still, you must serve a notice period for the duration mentioned in your employment contract unless your employer willingly waives this.
The duration of the notice period may vary from company to company. Usually, the notice period ranges from one month to 3 months. However, in most companies, you have to serve a 30-day notice period before you resign from your job.
CALCULATE YOUR GRATUITY – END-OF-SERVICE BENEFITS IN UAE ON RESIGNATION
Gratuity is a monetary compensation given at the organisation’s end of an employment period.
- Make sure to calculate your gratuity pay while resigning from the company. The end-of-service gratuity is calculated based on the years of service.
- You are not entitled to gratuity if you resign before completing one year of service. This also applies to those who have sent in their resignation after six months in the UAE. However, if you have completed over a year, you are eligible for certain end-of-service benefits.
- It is important to note that all employees with a limited (time-specific) contract are eligible for gratuity in the UAE.
RETURN ALL COMPANY’S CONFIDENTIAL DOCUMENTS
If you possess any intellectual property the company owns, hand it over before concluding employment with the organisation. Whether it’s the employee ID or any confidential documents, return them to your employer with integrity.
HOW TO MOVE FORWARD AFTER RESIGNING FROM A JOB
The resignation process in the UAE benefits both employees and employers. While it strives to minimise the strain on the employer-employee relationship, endings can sometimes be bitter.
Considering this, maintaining a positive relationship with your past colleagues is crucial. You might cross paths again down the road, and a strong network can open doors to new opportunities.
Here are a few ways you can ensure that the moving ahead process is fruitful for all the parties involved:
- When you officially resign from your previous company and are serving your notice period, it’s important to maintain the same level of professionalism that you showed during your tenure there.
- Ensure you get an experience letter, salary certificate, and other essential documents from your employer that you might need in the future.
- It’s always nice to stay on good terms with your previous company and help them in whatever way you can. You can also recommend some highly skilled and trained people from your acquaintances who can become valuable assets for them.
FAQs ON HOW TO RESIGN FROM YOUR JOB IN THE UAE
CAN AN EMPLOYER TERMINATE AN EMPLOYEE WITHOUT NOTICE IN THE UAE?
As per Article (44) of Federal Decree-Law No. (33) of 2021, the employer has the right to end the employment contract and initiate the process for cancellation of the work visa with immediate effect in the UAE if the employee has violated the contract terms.
However, an employee has a 30-day grace period from the date of cancellation to obtain a new work permit or residence visa or leave the country.
WHO SUPPORTS THE EMPLOYEE DURING ARBITRARY/UNFAIR DISMISSAL FROM A JOB IN THE UAE?
In the case of arbitrary dismissal, an employee retains the right to file a complaint to the Ministry of Human Resources and Emiratisation (MOHRE). The ministry resolves most cases amicably; however, some situations require a court settlement.
According to Article 47 (1) and (2) of Federal Decree-Law No. (33) of 2021, the court will order the employer to compensate the employee if found guilty. If you are wondering how to file a MOHRE complaint, check our guide to learn more.
CAN I RESIGN DURING THE PROBATION PERIOD IN A LIMITED CONTRACT IN THE UAE?
Article 9 of the UAE Labour Law states if a foreign worker wants to quit their job during the probation period in the UAE, they must give their employer 14 days’ written notice to resign. Failing to do so could lead to a labour ban, restricting future employment in the country.
CAN I RESIGN AFTER 6 MONTHS IN THE UAE LIMITED CONTRACT?
Yes, under the Limited Contract Resignation UAE 2017, even after the initial 6-month probation period, limited contract employees still have the right to resign and manage their career transitions.
WILL I BE RESPONSIBLE FOR VISA CHARGES IF I RESIGN IN THE UAE?
No, visa fees are the employer’s obligation, even if you resign during probation. The UAE Ministry of Human Resources and Emiratisation (Mohre) is a great resource to consult if you have any questions about your rights regarding this or any other employment matter.
With that, we wrap our guide on resigning from your job in the UAE. For expats working in the country, learning more about the UAE labour card can be useful. You should also be aware about the Loss of Employment Insurance UAE.
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