Force Resignation & UAE Labour Law

UAE LABOUR LAW

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Today we are here with short article regarding Force Resignation by Employer in UAE (Company) as we have been asked by our visitors that:

Can company force employee to resign from his/her Job?


As per the UAE Labour Law, no employee can be forced to resign.



If you submit your resignation, it will only make the employer’s case stronger in a legal dispute. In addition, the end-of-service gratuity will be less, it will be calculated as one-third of his one month’s salary for every year served.

As for the notice period, the labour law obliges all parties (worker and employer) to submit notice to each other if one wishes to terminate the unlimited labour contract; the period of notice as per the Labour Law shall be not less than one month, but both parties may agree to increase this period.

The notice period shall be effective from the date of resignation or the termination of the labour contract by either party.

Therefore, if the company fires the employee, the employee may claim his rights which are specified by the Labour Law and also has the right to ask the court concerned for a compensation for the arbitrary dismissal if he could prove that the company has fired him not as per the UAE Labour Law.



What to do if Employer or Company cancel your contract?

In case your contract is cancelled by your company, your employer (company) shall be Liable to compensate the Employee (worker) with 3 months of remuneration (payment).

As per Article 115 of Labor Law: “Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article 120 he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.”

What to do if Employee want to cancel his/her contract before completing 1 Year?

In case of breach by the employee (worker) the employee (worker) shall be liable to compensate the employer for up to half the employee’s remuneration for 3 months.

As per Article 116 of Labor Law: “Where a contract is revoked by the worker for reasons other than those specified in Article 121, he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.”


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Admin Advice:
You may contact (MOHRE) the Ministry of Human Resources and Emiratisation (previously, the Ministry of Labour) in the event of a dispute with your employer (company) or should you face any infringements/violations in respect of your rights as an employee.

Final Words: Employers cannot Force Employee to Resign.

2 comments:

  1. hello good afternoon...I want to ask...I want to resign may work of may employer but the problem they dont wont me to accept to leave this house...what should I do...I have 8 yrs working this house

    ReplyDelete
  2. Hello
    I am Cameroonian and I am employed by the company G4s as a cleaner since September 2017.
    I gave birth prematurely in April 2018 and the company allowed me to continue to reside with baby in accommodation, while I proceeded to establish the papers for the child, since before my delivery I cleaned one of the accommodations, the company allowed me to continue doing my work in the accommodation where I lived. To prepare the documents for my child, it took me a lot of time than expected, because my country does not have a consulate here in the UAE, so last month the company's PRO asked me to leave the country. accommodation and he called immigration to cancel my visa if I did not do it.
    Then he filed a complaint against me in the labor, and there I explained why the documents were taking too much time, and that I did not have a family here and did not know where to live, and if, despite everything, I leaving the accommodation, I could not work because I had no one to take care of my baby ... so it was agreed that I had to write a letter of resignation and that the company had to pay me my ticket plane and my fees.
    But after a week, they told me that since I had resigned, they would not pay me anything but a month's salary and since then they have not beckoned me and they refuse to give me my passport.
    What do I have to do ? Thank you for answering me

    ReplyDelete

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