Termination or Resignation: Your Labor Rights When Leaving A Job In The UAE
In UAE, the moment when the employer gives you the option to choose in between termination or resignation; what do you do? Or what should you do at that moment? In my opinion, one’s dignity is worth the world for him but nothing to others. So you might think that resigning option can save your respect before your colleagues or employer. But don’t go for such option as you are going to fool yourself & nothing more. Such info cant is hidden for a long time, everyone will know. So be smart without emotions.
I must say to everyone who is going to read this article; before accepting a job one must read carefully about the job description, compensation, gratuity, air passage, etc. this can also be helpful for you in violating anything that’s banned in the UAE. I list down some of the important points that the employee should keep in mind when it comes to termination or resignation from the job in UAE.
There are 3 options of leaving the job in UAE;
1. End of Contract
There is a contract at the start of the job, the employee signed the contract. This contract could be a few months or it might be based on years. So, upon completing the duration of the employee needs your services, he would offer the opportunity to work there for some more time. If not you have to pack up and follow the labor laws.
It is not legally essential for an employer to seize employee resignation. The employee is free to resign whenever he needs to do so. Resignation is still acceptable if the employee sent it through email.
The employer might terminate the contract and expel the employee without notice and on an immediate basis. This dismissal can be applicable if any of the following points in Article 120 of UAE Labor Law violated.
In case the employee showed false nationality or submitted forged certificates
If an employee breaches the safety instructions of the workplace
Employee didn’t perform the basic job description under the contract he has signed
If he discloses any of the company’s secret of the establishment in which he has been a part of that project
If he is behaving offensively and disrespect the public morals in the workplace
Found under any drug or in drunk condition
− If during the working hours, employee beat the employer, colleagues or the manager
− If the employee remains absent from work without more than 20 non-consecutive days, without any valid reason
There is a difference in the termination; if it is arbitrary dismissal then the employee is compensated with the gratuity and other dues. But in redundancy case, the employee will not get compensation other than the gratuity.
Gratuity under Unlimited Contract
If the employer terminates the employee who has completed one or more than one year is entitled to end the service gratuity; that can be calculated as follows;
- 21 day’s basic pay for every year of the initial 5 years of the job.
- 30 day’s basic pay for each additional (after 5 years) year.
In case if the employee resigns from the job, he will be entitled to the gratuity as follows;
- 2/3 reduction in the gratuity if the employee serves in between 1 – 3 years
- 1/3 reduction in the gratuity if the employee serves in between 3 – 5 years
- No reduction in the gratuity if the employee serves 5 or more than 5 years.
Familiarize yourself with the UAE labor law and keep updating yourself.
Key Features to know before Resigning or getting Terminated
Few points to keep in while before Termination or Resignation
- There is no need for the Employer’s consent for resigning from the job. Nobody can force you to resign; it should be your own decision.
- The notice period mention in the contract is mandatory, which has been agreed between employee and employer. Usually, the notice period is of 30 days.
- If you couldn’t serve your notice period, your employer may ban you for work in the UAE for a year.
- Make sure that you resign in a good way even if you have bad relations with the company. It is highly advisable that you don’t disclose your resignation until you informed HR or HOD.
- You have to write down a proper resignation letter, required for paperwork. You can submit your letter to your boss or send it to HR.
- There is a chance that your company will offer you a negotiation, do keep up your mind if offered. Some people use such tactics for negotiation, for better pay or position. This can be a risky step; as if your resignation might be accepted.
- This is the responsibility of your employer but you have to keep your calculations with you as well. If there is any error so you can cope with the situation.
- As per Article 125 of UAE Labor Law, the employee should give the experience certificate to the employee. Every employer is liable to furnish the certificate to the employees. No matter they resigned or they are terminated.
- According to Article 131, the employer will get airfare and visa cost. But in fact, the employee has joined some other company then this rule is abducted.
Therefore, it is a wise decision not to resign whether the contract is limited or unlimited unless the grounds are favorable and valid for you.