Dubai: If you’re looking to move on from your current job, but don’t quite know how to start the resignation process, it’s best to first familiarise yourself with the rules and terms around it.For instance, do you have to submit your resignation in writing? Are you ready to serve your notice period? And what can you expect from your employer, once you resign?We break down the resignation process for you so that you can take this momentous step with the assurance that you’re well-informed and confident in your decision.Resignation: Rules and regulationsThe UAE’s Labour Law, Federal Decree Law No. (33) of 2021, and its governing regulations provide the primary rules and guidelines for the resignation process in the country.The UAE’s Ministry of Human Resources and Emiratisation (MOHRE) clarifies that, in principle, employees are expected to honour the duration specified in their contract. However, they cannot be made to continue in one’s employment against their will.An employment is a contractual relationship, and can be ended by either the employee or the employer. The termination clause in the employment contract outlines the steps that should be followed when either of the parties choose to end the employment relationship.What is the notice period?The notice period is the time between when an employee resigns, and their final working day. During this window, employees wrap up tasks and assist employers in managing transitions, training replacements, or redistributing their duties.Imran Khan, legal consultant at IK Lawyers in Dubai, explained: “The notice period is the period an employee is required to continue working after resignation or termination of the employment contract, as agreed between the parties and stated in the employment contract.”Under Article 43 of UAE Federal Decree-Law No. (33) of 2021, either party may terminate the employment contract for a legitimate reason, provided that the other party is notified in writing and the employee continues to work during the notice period.Khan said: “The notice period must be at least 30 days and not more than 90 days.” Your employment contract will specify the exact number of days you are required to work once you submit your resignation.But what happens if you don’t fulfill your notice period obligations?Khan explained: “If either party fails to comply with the agreed notice period, the party in breach must pay the other party notice-period compensation (notice pay). This compensation is payable even if the failure to give notice does not cause any damage and is generally equal to the employee’s wage for the full notice period or the remaining part of it.”Can workers leave without serving the notice period?Under Article 45 of Federal Decree-Law No. 33 and Article 121 of UAE Labour Law No. 8 of 1980, employees can resign immediately without serving notice, and still retain their end-of-service benefits, in special circumstances:Breach of contract: In cases where the employer breaches its obligations under the employment contract, the Decree-Law, or its implementing regulations. Khan said certain conditions have to be met for the employee to be able to resign immediately: “The worker must notify MOHRE [about the breach of contract] 14 working days before leaving, and the employer must fail to rectify the breach and its consequences despite being notified by the Ministry.”Workplace harassment: In cases where the employer or its legal representative assaults, uses violence against, or harasses the worker at the workplace. Khan said: “The worker must notify the competent authorities and the Ministry within five working days from the date they became able to report the incident.”Safety violations: In cases where “there is a danger at the workplace that threatens the worker’s safety or health, the employer is aware of it, and fails to take measures to eliminate the danger,” according to Khan.Job description changes: In cases where the employer requires the employee to perform work that is fundamentally different from the work agreed upon in the employment contract, except where permitted under the applicable law. Can I quit during my probation period?The short answer is yes, you can. However, resigning during the probation period may come with certain consequences, such as a one-year labour ban in certain cases, or the need to compensate your current employer for recruitment costs, if you are joining another company.Article 9 of the UAE Federal Decree-Law No. (33) of 2021 on the Regulation of Labour Relations sets out the rules related to terminating the employment contract during the probation period. Khan explained this legislation:The probation period cannot exceed six months from the employee’s commencement of work.If an employee wishes to move to another employer in the UAE during the probation period, they must give their current employer at least one month’s written notice. Khan said: “The new employer must generally compensate the original employer for the costs of recruitment or contracting, unless otherwise agreed.”If an employee wishes to leave the UAE during the probation period, they must give the employer at least 14 days’ written notice before the intended termination date.If the employee leaves the UAE and wishes to return and obtain a new work permit within three months, the new employer must generally pay the compensation referred to above, unless otherwise agreed upon between the employee and the original employer.If either party terminates the employment contract without complying with the requirements of Article 9, the party in breach must compensate the other party with an amount equal to the employee’s wages for the required or remaining notice period.Is there a one-year labour ban for certain categories of workers who resign during probation?According to Khan, if a foreign employee leaves the UAE without complying with the probation requirements, they may be subject to a one-year restriction on obtaining a new UAE work permit. The Ministry may exclude some job categories, skill levels or workers.As per Article 128 of the UAE Labour Law: "Where a non-national employee leaves his work without a valid reason before the expiry of a contract for a limited period, he may not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit such employee or keep him in his service before the expiry of such period."However, Ministerial Decree No. 1094 of 2016 has laid down certain provisions regarding the applicability of the employment ban during the term contracts.The above requirement shall not apply to:(a) Employees who qualify for skill levels 1, 2 and 3.(b) Employees who qualify for skill levels 4 and 5, if their new work permits are granted to work in jobs requiring skill levels 1, 2 or 3, and if they have the required qualifications for such skill-level jobs.(c) Employees who qualify for skill levels 4 and 5, if their old jobs were inside the state and if they completed a period of no less than six months with the old employer.(d) Employees who are on the sponsorship of their families and who satisfy the requirements for work permits.(e) Employees who are applying for a new work permit to work for the same establishment that canceled their work permit, with no new work permit resulting from such cancellation, or for any other establishment owned by the same employer, severally or jointly with others.What is the procedure for submitting a resignation letter?The most important aspect to note is that a resignation cannot be accepted verbally – it must be in writing.Khan said: “The resignation should be submitted in writing and properly communicated to the employer, preferably by email or a signed written letter, so there is clear evidence of the resignation date and the notice period commencement.”In the letter, the employee must specify their last working day, based on the notice period mentioned in their contract.Khan said it’s important to maintain your professional obligations throughout the resignation process: “Employees should ensure that their resignation reflects their actual intention, submit it in writing promptly, and comply with the applicable notice-period requirements under UAE Labour Law.”What are an employee’s rights after resignation?Even after your employment agreement is terminated, the UAE Labour Law provides employees with several rights:Salary: The employer must continue to pay your salary during the notice period. Your remuneration cannot be reduced, or you cannot be refused your dues.Unpaid leaves: According to Article 43.5 of the UAE Labour Law, if the employer terminates the contract, the employee can take one day of unpaid leave every week during the notice period, to search for a new job. The employee can also select the day of absence if he/she notifies the employer at least three day before.Settlement of dues: After resigning, you can still apply for payment of any unused annual leave or overtime.End-of-service gratuity: Article 51 of the UAE Labour Law also confirms that employees who complete one year or more of continuous service are entitled to end-of-service gratuity. The calculation is based on the last basic salary, excluding allowances. Learn how to calculate your gratuity here.Grace period after visa cancellation: Under Article 6 of the UAE Labour Law, no individual may work in the UAE without a valid work permit issued by MOHRE. Once an employee's contract ends, the employer must cancel the associated work permit and process the residence visa cancellation without delay. After the residence visa is officially cancelled, the UAE grants a grace period during which, the individual may remain in the country. The standard grace period for employment visa holders ranges from 30 to 90 days, depending on the visa type and skill classification.According to Khan, employees should always be careful that they are following due process when submitting their resignation letter. He explained: “In some circumstances, a resignation may affect the employee’s rights, including notice-period compensation, eligibility under the unemployment insurance scheme, end-of-service benefits, and repatriation or return-ticket arrangements. After resigning, the employee should properly serve the notice period, complete the required handover, obtain the final settlement of all outstanding dues, and ensure that the work permit and residence visa are properly cancelled.”
