Have you received a better offer or want to return to your home country but are stuck in a job in the UAE? The Emirates has strict labour laws that protect employee and employer rights. When resigning from a job, it is essential to follow the right process to avoid legal consequences. Explore how to resign from a job in the UAE in a few simple steps.
- Initial Preparation and Knowledge of Laws
- Read the Employment Contract
- Formal Resignation Notice
- Review the Counteroffer
- Serve Notice Period
- Return Company Assets
- End of Service Benefits and Documents
- Way Forward
- FAQs
How to Resign from a Job
Are you thinking of resigning from a job in the UAE? Before submitting your resignation, consider some legal rules. This helps avoid future issues and contributes to a smooth transition to a new role. Here is how to resign from a job in light of the UAE labour laws:
1. Initial Preparation and Knowledge of Laws
Federal Decree-Law No. (33) of 2021 guides employment relationships including resignations. According to the UAE labour law, an employee has the full right to resign. If the resignation complies with laws, an employer cannot restrict an employee from leaving a company. But what are these laws? Let’s look at these one by one.
Resignation During Probation
Article (9) states the provisions and penalties for resigning during the probation period. Here is a summary of what the laws say:
- Local employees on probation can resign with a one-month notice.
- Foreign employees leaving the state can resign with a 14-day notice from the leaving date.
- Both employees and employers must follow Article (9). If any party fails to comply, it has to compensate an amount equal to the employee’s wages for the notice period or its remaining days.
- Foreign employees who breach this law would face a ban for one year from working in the UAE.
Resignation as a Permanent Employee
Now comes the provisions for a permanent employee in the UAE. Article (43) underlines notice period clauses, such as:
- Employees must serve a notice period from 30 to 90 days as decided in the employment contract.
- A written resignation by an employee is required.
- Employees will work on the same conditions and the wages will be the same as before during the notice period.
- Non-compliance will lead to a monetary penalty.
Absconding
It is essential to inform an employer and serve a notice period before leaving a job. However, certain cases, like life threats, permit an employee to resign immediately. In all other cases, resigning without notice can have legal consequences.
End of Service Benefits
Another important point is end-of-service benefits like Gratuity. Article (51) highlights the benefits applicable to foreign workers who have completed one year of service. This includes gratuity calculated as follows:
- 21-day basic wage for the first five years of service.
- 30-day basic wage for every service year after five years.
2. Read the Employment Contract
Now that an employee is well versed in laws, the next step is to review the MoHRE Labour Contract. A careful review of clauses can save an employee from legal issues.
This includes cross-checking notice period requirements, the resignation process, and additional terms and conditions. Additionally, some companies restrict employees from working for their competitors, which is mentioned in the contract.
3. Formal Resignation Notice
As stated in the law, a formal written resignation is mandatory. Employees can resign using an email or letter. A resignation letter typically includes the intended last date, reason for resignation and an appreciation note.
4. Review the Counteroffer
Hiring an employee is far more expensive than retaining one and this is what organisations believe in. Employers try to retain employees by offering them better salaries and positions. If an employer gives a counteroffer, assess all benefits and clear any doubts.
5. Serve Notice Period
Rejected the counteroffer and decided to resign? The next step is to serve the pre-decided notice period. Not only is serving the notice period important, but it is also a given to maintain the same professionalism level. Additionally, employees must hand over responsibilities properly to their fellow workers.
6. Return Company Assets
On the last day of office, employees must return company files, employee IDs, assets and documents. They must also not reveal any confidential information about the company.
7. End of Service Benefits and Documents
Now comes dues clearance and issuance of an experience letter and salary certificate. With this, an employer helps in visa cancellation for expats. As discussed before, an employee receives a gratuity payment after resignation along with the final salary.
8. Way Forward
Although transitioning into a better job is necessary for career growth, remaining connected to the previous organisation is also essential. An employee must end an employment relationship on good terms. This helps them receive outstanding recommendation letters and better future opportunities.
FAQs
Yes, an employee can resign immediately in a few circumstances. For instance, if an employer assaults an employee or breaches the contract, the employee can resign immediately.
According to UAE labour laws, an employer has no right to refuse a resignation.
No. Resigning in the UAE does not allow an employer to deduct visa expenses. Also, it is an employer’s responsibility to assist in visa cancellation.
MoHRE is responsible for implementing labour law within the Emirates and resolving unsettling disputes.
Now you know A-Z of how to resign from a job in the UAE. Maintain professionalism and abide by the discussed laws to save yourself from penalties.
Visa cancellation is important before leaving the UAE. Although an employer is mainly responsible for it, checking visa cancellation status in the UAE helps avoid future issues.
If you are looking for a new job, here is how to find a job in Dubai. Before relocating here, know about the highest-paid jobs in the UAE. Similarly, you can explore the highest-paid jobs in Abu Dhabi.
