Resigning from a job is a significant decision that must be handled professionally, especially in a country like the UAE, where there are specific labor laws and regulations governing employment. Knowing the proper procedure for resignation ensures a smooth transition and maintains a positive professional relationship with your employer. This article will walk you through the key steps and legal requirements when resigning from a company in the UAE.
Step-by-Step Guide to Resigning in the UAE
1. Understand Your Employment Contract
Before initiating the resignation process, review your employment contract. Contracts in the UAE typically fall under two categories:
- Limited Contract: A fixed-term contract that lasts for a specified period.
- Unlimited Contract: A contract without a fixed end date, making it more flexible.
For both contract types, the notice period, end-of-service benefits, and the penalties for early resignation (if applicable) are detailed within the contract.
2. Check Your Notice Period
The UAE Labor Law mandates a minimum notice period of 30 days for both employees and employers. However, your employment contract might specify a longer notice period. Failing to serve the required notice can result in legal and financial consequences, including salary deductions for the unfulfilled days.
3. Prepare a Formal Resignation Letter
Write a clear, professional resignation letter addressed to your manager or HR department. Include the following:
- The date of submission
- Your last working day (based on your notice period)
- A brief statement of your intent to resign
Avoid negative language or emotional statements. Instead, thank the company for the opportunity and maintain a positive tone throughout.
4. Submit Your Resignation Letter
Submit your resignation letter as per the company’s standard procedures, either via email or in person. Ensure you follow up with your HR department to acknowledge the receipt of your resignation. Keep a copy of the letter and any correspondence for your records.
5. Serve Your Notice Period
During your notice period, continue to perform your duties responsibly and professionally. This ensures a smooth transition and helps maintain your reputation. If the company waives your notice period, get this in writing to avoid any misunderstandings.
6. Know Your End-of-Service Benefits
The UAE law entitles you to certain end-of-service benefits, depending on the length of your employment. These benefits include:
- Gratuity: This depends on your years of service. For employees with over a year of service, gratuity is calculated based on 21 days’ salary for the first five years, and 30 days for every year thereafter.
- Unused Leave: Any unused annual leave is compensated.
- Unpaid Salary: Ensure you receive any pending salaries for work done up to your last working day.
7. Return Company Property
Before leaving, return any company-owned property, such as laptops, phones, or access cards. Failing to return these may result in salary deductions or delays in processing your end-of-service settlement.
8. Request a Work Experience Certificate
In the UAE, employers are legally obligated to provide a work experience certificate upon request. This document states your position, duration of employment, and a brief description of your role. It does not include any mention of your resignation or performance.
9. Cancel Your Work Visa
The employer is responsible for canceling your work visa with the relevant authorities, including the Ministry of Human Resources and Emiratisation (MOHRE) and the General Directorate of Residency and Foreigners Affairs (GDRFA). Ensure that the cancellation is processed before leaving the company to avoid any issues with future employment or residency status in the UAE.
10. Exit Interview
Many companies in the UAE conduct exit interviews to understand the reasons behind an employee’s resignation. Use this opportunity to provide constructive feedback, but avoid being overly critical. This helps maintain a positive relationship, which could be beneficial for references or future employment opportunities.
Frequently Asked Questions (FAQ)
1. Can my employer reject my resignation?
No, under UAE labor law, an employer cannot reject an employee’s resignation. Once you submit your resignation, it is considered a formal notification of your intent to leave.
2. What happens if I don’t serve my notice period?
Failing to serve the required notice period can lead to penalties, including the deduction of your final salary. In some cases, you may be asked to pay compensation to the employer for early termination without notice.
3. Will I receive my gratuity if I resign?
Yes, if you have completed at least one year of service, you are entitled to gratuity as per UAE law. The amount depends on the duration of your service.
4. Can my employer withhold my end-of-service benefits?
An employer cannot withhold your end-of-service benefits unless you fail to meet legal obligations, such as returning company property or completing your notice period. If your employer wrongfully withholds your benefits, you can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).
5. Can I resign during my probation period?
Yes, you can resign during your probation period, but the notice period for probationary employees is typically shorter. Check your contract for the specific terms regarding probation.
6. Do I need to cancel my visa after resignation?
No, your employer is responsible for canceling your work visa and residency permit once you have resigned. Make sure this is completed before leaving the UAE or seeking new employment.
7. What if my employer does not cancel my visa after resignation?
If your employer does not cancel your visa, you can report the issue to the Ministry of Human Resources and Emiratisation (MOHRE) to resolve the matter legally.
Conclusion
Resigning from a company in the UAE is a straightforward process, as long as you follow the proper procedures outlined by your employment contract and the UAE labor law. By serving your notice period, maintaining professionalism, and ensuring the cancellation of your visa, you can ensure a smooth exit from your current role without any legal complications.
Maintaining a positive relationship with your employer even during resignation is essential, as it could impact future opportunities in the region.
You should read this also: Can I leave company without notice period?
