Gulf News speaks to UAE legal professionals about the steps employees should follow when quitting.
Dubai: You may be contemplating quitting your job as a full-time employee in the UAE. What happens if my manager refuses to accept or acknowledge my resignation. How can I ensure I have no problems moving to a different job?
Gulf News interviewed legal experts in UAE to determine the best steps for employees to take to avoid financial or legal liability when they quit their full-time jobs. The steps below are only for employees with full-time jobs. They are based on UAE’s new Labour Law, Federal Decree-Law No. 33 of 2022 – and its governing regulations.
1. To ensure you give the correct notice period, read your employment contract.
According to the UAE Labour Law, the notice period for a full-time employee who wants to end a work contract may be between 30 and 90 days. Your labor contract will specify the notice you must give to your employer. You can find our detailed guide on how to get a copy of your labor contract here.
Failure to fulfill your notice period could result in financial liability. You may be asked for your salary for the period you did not serve, according to Priyasha Corrie (Partner at Keystone Law Middle East LLP).
She stated that Article 43(3) of UAE Labour Law requires parties to compensate each other. This is a ‘payment in lieu notice’ equivalent to an employee’s salary for the whole notice period or a portion thereof.
You should keep some things in mind if you’re resigning within your probation period. Our detailed guide explains how to resign during probation.
2. Resign in writing
Corrie advised employees to notify their employer in writing of their decision to resign, via email or by letter. It is crucial to indicate your notice period and the last day of your work following your labor contract. This is required by Article 43 (1) of UAE Labour Law.
What happens if my employer doesn’t respond to my resignation email
According to Dr. Ibrahim Al Banna (CEO of Ibrahim Al Banna Advocates and Legal Consultants), while employees are required to submit their resignations in writing, acknowledgment from the employer is not required under the UAE Labour Law.
Dr. Al Banna stated that the employer does not have to acknowledge the notification.
3. Receive all your end-of-service dues
Your gratuity will be calculated according to Article 51 of UAE Labour Law once you have served your term as a full-time employee. You must note that gratuity will be calculated on an employee’s basic pay.
Dr. Al Banna stated that when calculating gratuity for a foreign employee, an employer must, according to Article 51 (5), calculate it based on the previous basic salary to which the employee was entitled, regardless of whether the employee receives a salary on either a weekly, monthly, or daily basis.
The gratuity paid to a foreign employee shall not exceed two years’ remuneration. The employer can deduct any amount due to him or her, following the law or a judgment rendered by a competent judge, when determining the gratuity amount.
4. Ensure that your work permit is cancelled
Concerning Executive Regulations of Labour Law, the employer must apply to the Ministry of Human Resources and Emiratisation to cancel the work permit. Dr. Al Banna states that the employer must also apply for cancellation of visas with the General Direction of Residency and Foreigners’ Affairs (GDRFA Dubai) or the Federal Authority for Identity, Citizenship and Ports Security(ICP) if the employee was under the sponsorship.
“Once the visa and work permit is canceled, information indicating that they have been canceled will be entered into the MOHRE/GDRFA database. Dr. Al Banna stated that employers had restricted access to the database.
Although you are not allowed to access the databases of the authorities as an employee, your employer should send you cancellation papers detailing when your visa and work permit was canceled and the length of your stay in the UAE.
The visa and permit have been canceled. This gives the employee only 30 days to enter into a new employment relationship or exit the UAE. Dr. Al Banna stated they would be fined if the employee failed to establish a new employment relationship or exited the UAE without a valid visa.
5. For any questions, contact MOHRE
Lawyers also advised Gulf News to contact the Ministry of Human Resources and Emiratisation for any clarifications on the new Labour Law. For more information, contact the Ministry.