Resigning from your job in the UAE: A Guide to Notice Periods

If you work in the UAE as an employee and you want to quit your job, you need to know how to give notice to your employer. Employment contracts are governed under the provisions of the UAE Labor Law, Federal Decree-Law No. 33 of 2021, which defines the rights and duties of both the employer and the employee regarding the termination of an employment contract.

Importance of Serving a Notice Period in the UAE

There are several advantages to providing proper notice before leaving your job in the UAE, including:

•  Smooth transfer of work: Notice will allow you to handover your work effectively to a colleague or even your replacement. This ensures business continuity for your employer.
• Avoiding Penalties: According to Article 43 of the UAE Labour Law, failing to give the notice required by the law may require you to pay the salary for the time you did not serve the notice as a penalty.
• Maintain Professional Relationships: Giving proper notice will show professional behavior, and respect to your employer. This will, in turn, help you to continue good working relationships for future references and opportunities.

Calculating The Notice Period In UAE

The notice period in UAE will be based on the factors below. Below, we have broken it down on what you need to know:

1. Standard Notice Period

Under Article 43 of the UAE Labour Law, either the employee or the employer can terminate the employment contract on a valid ground. The employee is to give the other party written notice. The worker will continue to serve until the notice period, which is, as per the agreement in the employment contract. The notice period will be between 30 days and 90 days.

2. Notice Period in Probation

Under Article 9(4) of the Labour Law, a foreign worker who wants to terminate the employment contract during the probationary period and leave the UAE is to give the employer written notice for at least 14 days before the date on which the contract will be terminated.

3. Notice Period Is Not Obligatory

A worker can resign without giving notice to the employer, while remaining entitled to their end of service benefit, in the following cases:

• If the employer breached their obligations towards the worker as stated in the contract, this law, or its implementing regulations. However, the worker must give the Ministry 14 working days before quitting, and the employer does not rectify the breach despite being notified by the Ministry.
• If the employee can prove that the employer or their legal representative assaulted, committed violence against, or harassed the worker at work. The worker must give the competent authorities and the Ministry within 5 working days from the date they were able to report it.
• In case there is serious danger at the place of work that threatens the safety or health of the worker and the employer knows that and has not eliminated the danger. The implementing regulation specifies the rules regarding serious danger.
• In case the employer asks the worker to execute work fundamentally different from the agreed work in the employment contract, without the worker’s written consent, except in cases of necessity as per Article 12 of this law.

Remember to carefully read your employment contract and consult lawyers or other relevant bodies in case you are not sure of the requirement for notice periods.

Notice Period Best Practices

With your proper notice period served, it is now time to be professional during the transition stage. The following best practices you must observe during the process.

• Communicate: Put down your letter of formal resignation, put it on paper that you’ll resign from the employer and on the date on which your resignation will take effect having considered the notice period.
• Complete Pending Work: Make use of the notice period to finish the work in progress and document it for reference in the future and, more importantly, leave your colleagues or successor at ease.
• Transition and Co-operate: Be ready to train or assist your replacement, if required, and cooperate with your employer through the transition process.
• Confidentiality: Keep the employer’s information confidential and not share confidential information or trade secrets with competitors or other third parties.
• Return Company Property: Return company-owned equipment, documents, or other resources before you leave.
• Seek Clarity: If you are unclear on what you have to do to comply with your notice period, seek consultation from your employer’s human resources department or consult with a qualified professional to take legal advice.

Conclusion

The most important requirement when resigning from a job in the UAE is to give the proper notice period. Following the notice period specified in your employment contract or by the provisions of the UAE Labour Law can help you make this process smooth, enjoy a peaceful exit from your company, and remain in good professional relations with your former employer. Being aware of the details of what is expected of you will make this process easy and wise to resign from your job in the UAE.

Make your resignation process smooth and trouble-free with the help of employment lawyers. Book a first consultation right away to review your particular circumstances and understand the notice period you need to provide. Employment lawyer will guide you through the notice period requirements and in compliance with the law. Get in touch with HHS Labour Lawyers in Dubai today for a stress-free resignation experience.