Resignation in UAE- Are you ready to ditch your 9-to-5 job in the UAE but worried about the legal consequences of resigning?
Don’t worry; we’ve got you covered!
Resigning from your job can be tricky, especially when working in a foreign country. But fear not because this blog will show you exactly how to resign from your job in the UAE without any legal issues.
So, if you’re ready to take the leap and start a new chapter in your career, keep reading!
How to legally Resign from a Job in UAE?
Resigning from your job in the UAE can be done legally and smoothly by following specific guidelines. To help you through the process, we have compiled a list of key considerations to keep in mind before, during, and after resigning.
Read Also: Salary Certificate Attestation in the UAE: Process, Requirements, and Fees
To begin with, here is a checklist of essential points to remember to ensure a legal resignation in the UAE.
Know the UAE labor laws before you take any employment-related action
The labor laws of the UAE, as stipulated in Federal Decree-Law No. (33) of 2021 clearly states that employment contracts are only valid for a specific period, not exceeding three years.
“When a contract is renewed or extended, any subsequent term(s) will be considered an extension of the initial term and included in the worker’s continuous period of service for calculation.”
It is important to note that the latest UAE labor law has eliminated the “unlimited” contracts, and currently, only fixed-term or limited contracts are permitted.
Make sure to read through your employment contract carefully
Before taking the official steps of filing your resignation, you must know all the terms and conditions of your employment contract.
Read carefully to ensure the length of your notice period (1,2 or 3 months).
Also, ensure that no additional clauses may hinder your next career step since some companies state that their employees are not allowed to join any of their competitors’ teams.
If a worker fails to show up for work without giving any reason for seven or more days in the UAE, they may be considered absconding. Absconding involves leaving suddenly and discreetly without informing a company. This illegal act may lead to a year-long labor ban in the UAE.
What Should You Do WHILE Resigning in the UAE?
No Permissions Required
Your current employer’s approval is not required before resigning from your current job. You have only to deliver your notice period.
Yet, as a professional, you must inform your employer before submitting your resignation so they can find a replacement to ensure the work is going well after leaving them.
Send A Formal Written Resignation Letter
Various methods exist for a resignation letter, including presenting a physical copy to your employer or sending it via email. It is essential to ensure that your intentions are unambiguous and that you provide the employer with precise dates for your desired departure by the terms stated in your contract. This will promote effective communication and prevent potential misunderstandings among all parties involved.
Plan for the Counter Offer
It’s important to be ready for a counter offer from your employer if they want to keep you. They might propose a higher salary or a better position. If you’re uncertain about the new offer, this can be a chance to weigh your choices and decide on a path you’re content with.
Fulfill the required notice period
When resigning from a job, you must abide by the notice period specified in your work agreement unless your employer chooses to renounce it. The length of the notice period can differ from one company to another. Typically, the notice period for resignations in the UAE is 30 days in most organizations.
Determine your end-of-service benefits (gratuity)
Gratuity is a type of monetary compensation that an organization pays employees after their work tenure. The gratuity amount is based on the length of service. It is crucial to compute your gratuity payment when leaving your job.
If you depart before fulfilling a year of service, you are not entitled to gratuity. This also pertains to those who submit their resignation before completing six months of employment in the UAE. Nonetheless, employees with a work agreement of either a fixed-term or an open-ended nature are qualified for gratuity in the UAE. It’s essential to remember that alternative types of work contracts may not be eligible.
Return confidential company documents
If you have any proprietary information belonging to the company, relinquish it before ending your employment. Whether it’s your employee ID or any sensitive documents, return them to your employer with honesty and integrity.
Points to Consider When Moving Forward
Maintaining a positive relationship with former employers and colleagues is essential, as you may cross paths with them in the future.
Once you have submitted your resignation and are serving your notice period, it is crucial to maintain the same level of consistency and professionalism you had when you started working for the company.
Ask for the Important Documents
When resigning, request necessary documents such as an experience letter, salary certificate, or other relevant materials from your employer. These documents may be helpful to you in the future.
Maintaining positive relations with your former company and offering assistance is beneficial. Additionally, you may recommend skilled and qualified individuals from your network who would be perfect fits for the company.
Resignation in UAE- Frequently Asked Questions
If I quit my job and my manager asked me to stay 20 days instead of the full 30 days I was supposed to serve as notice, is that allowed according to the UAE law?
The Federal Decree-law No. 33 of 2021’s Article 42 (3) states that all parties must abide by the contract terms, including the agreed-upon notice time; if one party chooses to terminate the job, he must do so by the rules established by the law.
Can I resign during my probation period in UAE?
In the UAE, an employee may, with one day’s notice, quit during their probationary term. However, after 14 days from the contract start date, a foreign employee must notify the employer in writing of their plan to cancel the agreement within the probationary period to depart the country.
Unless both parties agree differently, the new employer will be required to pay compensation if the employee requests to return to the UAE and get a new employment visa within three months of the leaving date.
If any party terminates the agreement without complying with Article 9’s requirements, they are responsible for compensating the aggrieved party.
How to write my resignation letter in UAE?
When writing a resignation letter in the UAE, it is important to keep it professional and respectful. Begin by addressing the letter to your supervisor or the HR department.
Clearly state your intention to resign and provide your last day of work. You can mention the reasons for your resignation, but it is unnecessary.
Thank your employer for the opportunity and express your willingness to help with the transition. End the letter by signing off with your name and contact information.
It is always a good idea to proofread the letter before submitting it to ensure it is error-free and clear.
Is it possible to remain in the UAE after resigning or being terminated from my job?
After resigning or being terminated from your job in the UAE, it’s necessary to cancel your work permit, which your employer does according to Article 7(3) of Cabinet Resolution No. 1 of 2022. If you have sponsored your family, their visas must also be canceled.
Once your visas are canceled, you and your family must leave the country within a 30-day grace period, which begins on the date of cancellation. Therefore, you cannot stay in the UAE after resigning or being terminated from your job unless you have a valid visa or permit.
If you get a new job in the UAE,
you should hold your family’s visas and wait for your new employer to apply for your residency and work permit. However, the process depends on the decision of the GDRFA or ICA, who consider your job position and salary.
If you cannot find a job during the grace period,
you can obtain a visit visa or an investor visa to sponsor your family. Overstaying in the UAE after the grace period may result in a penalty, according to Article 11 of the Immigration Law.
Read Also: How to Search for a Job in UAE on a 2-month Visit Visa?
Is it possible for employers to dismiss employees in the UAE without prior notice?
Article (44) of Federal Decree-Law No. (33) of 2021 allows the employer to terminate the employment contract and cancel the work visa immediately in the UAE if the employee breaches the contract terms. If terminated, the employee has a 30-day grace period from the cancellation date to acquire a new work permit/residence visa or exit the country. Violation details can be found on the UAE labor law website.
If an employee faces arbitrary or unfair dismissal from their job in the UAE, who supports him?
An employee in the United Arab Emirates who is fired arbitrarily has the right to protest to the Ministry of Human Resources and Emiratization (MOHRE). The Ministry often settles the case peacefully, but a judicial settlement may occasionally be necessary if the court deems the employer guilty, per Article 47 of Federal Decree-Law No. (33) of 2021, the employer will be required to pay the employee compensation.
If you are considering resigning from your current job and looking for a new opportunity,