Legal Steps to Follow Before Leaving Job in UAE

UAE Labour Law 2019, UAE Visa Cancellation Rules 2019, UAE Labor Law 2019

It is everyone right to be aware of Termination Law in UAE and Resignation Law in UAE, Are you aware of your Labour Rights before Leaving Job in UAE?

Leaving Job will give you 3 options to choose from:

1: End of Contract
2: Resignation
3: Termination




In each case you have specific rights to took benefit from.

Resignation Law in UAE:

When worker resign, employer's acceptance or rejection of worker resignation is not essential legally. Even if the resignation was submitted by email, it is considered accepted from the date of submission. Therefore, worker contractual notice period (up to a maximum of three months, which is generally 1 month) starts from the date you applied resignation.

Termination Law in UAE:

Your dues and receivables differ based on whether you are terminated because of redundancy or if you are terminated in what is considered arbitrary dismissal.

In arbitrary dismissal, employers are liable to compensate the employee for wrongful termination along with gratuity and other dues.

In redundancy, there is no such compensation other than gratuity dues or notice period compensation.

Below are your rights and responsibilities before and after leaving Job in UAE:

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UAE Labour Law Resignation Notice:

You must serve notice period when resigning, and this will usually between 1 month and maximum 3 months based on your type of contract.

It cannot be for more than 3 months as per UAE Labour law, and your employer (company) cannot force you to work for more than that period.

The notice you served must be counted from the date of resignation or termination. In case of termination, the employer (company) might ask you (worker) to work during the notice period (1 month/3 months) or pay you the salary for the period before letting you go.

Air fare Rules in UAE:

Air Ticket Rules in UAE are written in UAE Labour Law, According to Article 131, your employer (company) is obligated to pay your air fare to your home country or previously agreed upon destination. However, if the employee (worker) enters the service of another sponsor or employer after, then the latter becomes responsible for air fare from the point of recruitment.

If the termination is by fault of the employee (worker), the employer (company) is not legally liable to pay for air fare if the employee has the means to pay.

Air fare law in UAE is specific to the cost of a travelling ticket for the employee. Other costs such as shipping or family repatriation (return) are also legally payable if agreed upon in the labour contract or as per contractual company policies.

Visa costs Rules in UAE:

You, as a worker (employee), are not required to reimburse (re-pay) your employer (company) for visa costs at any time.
It is clearly mention in below UAE Labour Law that visa costs and sponsorship costs are the sole responsibility of the employer (company) and regardless of how or why your contract is terminated, you are not legally liable to pay for visa cost or fees.


Know the UAE Labour Law:

As per Article 6 (a) the Ministerial Order No. 52 of 1989 "An undertaking from the employer to the effect that he shall sponsor and be responsible for the recruited employee, the bearing of his recruitment expenses and his employment in accordance with the employment contract in a way not prejudicing the provision of the Federal Law No. 8 of 1980 referred to herein."

Experience certificate Rules in UAE:

A worker can request experience certificate upon the end of his/her contract, and the company (employer) would be liable to furnish this, along with all other certificates belonging to the worker.

As per Article 125 of the UAE Labour Law, an employee upon end of contract should be given an end-of-service certificate detailing start date, end date and nature of work performed during the period of employment. It may also state your latest pay or wage details if requested.

End of Service Benefits UAE:

Payment of gratuity depends on how long you have been employed for as well as your contract type.

UAE Visa Cancellation Rules:

All charges of visa cancellation and the process are the employer's (company) responsibility, employee (worker) will not pay any thing related to visa cancellation.

Passport Rules in UAE:

Employee (worker) passport should be handed over to him/her immediately after the completion of cancellation process.

It is in our record that many companies (employers) still force employees (workers) to give up their passports for 'safe-keeping' or as a 'guarantee' but this is illegal as per UAE Labour Law.

Some companies agree to give up passports only close to the time of departure from the country or at airport only, this is also illegal as per UAE Labour Law.

Only a competent court or other federal authority can keep employee (worker) passport.

To know more About Passport Rules in UAE, Click Here


Do not Sign Resignation until:
At the bottom of the MOHRE cancellation application, you will be signing to confirm that you have received your final settlement from company (employer).

Please note that do not sign the application until you have in fact received your salary, gratuity payment or any other outstanding amounts. This includes your annual leave salary and air fare too.

Sadly, there are some employers (companies) who may try to cheat you out of some of it.

Do you have more questions about UAE Labour Rights in case of Resignation or Termination? Ask us in below box, we will reply you soon.

43 comments:

  1. As per the above article, After the visa cancellation, employer must return the passport to employes? Then how do we clear the cancelled employee’s name from our company system? Kindly clarify

    ReplyDelete
  2. my visa was cancelled but I didn't get my salary but I signed received my all dues because of myour cancellation.but truly I didn't get.now I changed my visa in another company but I didn't get salary in my old company. I need my salary what can I do now ?? plz give me good suggestion

    ReplyDelete
    Replies
    1. You cannot do anything now, we many time wrote about it that please do not sign until you receive your salary, gratuity and annual leave salary.
      sorry for you but you cannot complaint now as you have signed that their is nothing due.

      Delete
  3. I need help.
    My brother joined a restaurant in Deira just a week ago. He is not satisfied with the job and not feeling well.he want to come back to india but they are not returning his passport and asking him to pay about 6000 dhm to get his passport back.
    What shoul he do now?

    ReplyDelete
    Replies
    1. Thank You for your comments, please clarify is employer applied for his visa?

      Delete
  4. Hello Sir,
    I would like to ask about the settlement of those employees who are working in farm houses or working in houses tbey are on special visas. Suppose one person worked for 6years what will be the settlement for him of 6 year?

    ReplyDelete
    Replies
    1. If they are coming under MOHRE, the benefits for them must be same such as Annual Leave salary, end of service gratuity, air ticket rules etc

      Delete
    2. Hi I just want to ask,my boss left the country already and he dnt cancel my visa and he dnt give my gratuity before he left dubai,he is in UK now.my visa finish on june 5 and licence finish on june 25,we are 2person wrking right now wat would we do we are in freezone,we wil not get ban if no 1 will cancel our visa?pls answer.

      Delete
  5. Hello sir last thursday me and my sponsor go immigration for cancellation of my visa because i finished my contract with them i signed a paper saying that i received all my salaries which is yes but when i go to typing center to check my status they told me not yet cancelled ...

    ReplyDelete
  6. Dear sir I'm last month give my resignation letter and mention one month working period tomorrow my date finish I'm ask my manger to cancel my visa they didn't do any action where im complain and I have copy my resignation letter

    Here I'm find new company they told my give me visa if possible me change visa here without exit other country

    ReplyDelete
  7. Hi sir/ Ma,
    I joined a security company on 1st of April and since then no job was given, no visa, no basic salary, just sleeping and waking in the company accommodation. My Visa was issued on 17th of July of which I was not sent for medical and finger print until the two months expired. I've used a month plus after the initial two months. Being posted to a duty Post as a sub contact staff since 21st August, no salaries given to staffs working 1 month before I started working, my direct employer had to pay a month salary on behalf of my company. Several police cases against my company at the moment with over 100 staffs who applied for cancellation not able to get their money as the company is financially down as a result leading to my manager sleeping in the police cell for 2days last week and being arrested together with his marketing manager 3days ago. I'm no longer comfortable working with this company. Please I want to resign or cancel from the company, is this possible???

    ReplyDelete
  8. I just want to ask if i want to leave my expat employer after 6mos do i need to pay them? Its 1 year contract by the way im a housemaid.

    ReplyDelete
  9. Sir, I joined a company 4 months ago as accountant, it was good initially but with time employer make it too difficult and start cutting my salary for no valid reason. Now its too difficult to stay here. what should i do ? please suggest.

    ReplyDelete
  10. I want to ask my contract finish next month and I want to cancel it do I need tp pay to my employer?

    ReplyDelete
  11. Seeking out for help..
    I've been terminated by my employer without any notice and valid reason.
    They bought me a plane ticket to go back to country, but I purposely missed my flight..because I want to stay and work here in Dubai.but they didn't cancel my Visa yet.and now I found a new family to work with..and I need my Visa cancellation..what am I suppose to do?
    Thanks in advace

    ReplyDelete
  12. Hello my brother finished his contract last week and this coming Tuesday his residence visa and EIM will expire and he informed his employer that He wiil not renew but his Boss doesnt care about this and he did'nt speak my brother about it. Please advise what is the best or advise to cancel my visa.He always ignore my brother and all my documents expired Im still working in his company If I will leave the company without notice its under ground.so please give me advise and Im afraid coz he is local

    ReplyDelete
  13. My company didnt give any aifare ticket as they didnt add it in EOS calculations, is it possible for my company to cancel my visa without me signing anything? And where could I go to ask for my calculation of ny graduity? Thanks in advance.

    ReplyDelete
  14. I want to leave my work and go back to my country salary too small am working for 12 hours a day too much for me I want him.to cancelled me how will I go about it

    ReplyDelete
  15. Hi my visa finish in feb 2018 and thats the time some 9ne told me u have a case from your bank i faced 5 cases.now my passport valid only for 3 month i went to amnisty camp but they refuse to give me 6 month visa and my fines.i got my passport from public procecussion at 26 of november.and my company also did not cancel my labour.i did not get salaries can u guide me what i will do

    ReplyDelete
  16. Hello sir and madam now I finished my one year can I change job my contract is limited. My visa issue from dubai

    ReplyDelete
  17. Hello Sir, I am so depressed with my some team coulig and boss.They abusing and behaving me very bad.they wanted me to resign my job. But I don't want to do so becoz if I resigned I need complete 1 month notice and have to pay 2 month salary or else they don't cancel my visa...wat I have to do, situation is worst, out in my way,,,they r using such abusing languages infront of all staff, Please suggest

    ReplyDelete
  18. My wife is under my visa.she is working for ten months.she wants to resign now..whats the process?? And will she be ban from working in other jobs?

    ReplyDelete
  19. Good day! I didn't know about this do's and dont's however I would like to ask to clarify my status. I supposed to finish my contract on April 10th 2019 next year. But due to some misunderstanding between the management and I,the company served termination letter on Dec. 5th, 2018. I have signed it already. It wasn't stated that I have recieved any compensation or gratuity from the company. The cancellation is on process as per checking with them. My question is , #1. Can I still get my benifits after signing my TL?
    #2. Am I obliged to hand over my Residence ID after my cancellation, I still have 30 days grace period though?
    #3. The reason of my termination (according to the management) is due to my poor performance, behaviour (being rude) , and not following my time schedule. Can they posibly file a ban against me? #4. May I know my rights regarding to this issues? Please advise.

    Thank you.

    ReplyDelete
  20. Hello'i need help because i want to go home this December.A'm working in a company as a cleaner but we are fulltime in our client.The problem is a'm finished my 2 year's contract on dec.18 and they don't give me my airfare ticket .Please kindly'help me.

    ReplyDelete
  21. Please, what will be my benefits if i resign with a month notice. ( i join the company june 2014 till date, and my basic salary is 1350dhs and also on unlimited visa

    ReplyDelete
  22. Hi.. good day to all of you.. im working in a restaurant, they're not giving our full salary.. they took our ATM card and they are the ones withdrawing it.. they were just giving us half of our salary.. so i resigned.. i started working there since May 2018 with my 4 months visa.. they told me that if i resign i will be ban for 1 year.. what should I do? Anyways someone told me that they have connections here in dubai..

    ReplyDelete
  23. I WORKED COMPANY 30 MONTH I TAKE 41 DAYS LEAVE. BALANCE LEAVE SALARY HOW MUCH I CAN GOT FROM COMPANY?

    ReplyDelete
  24. hi sir ,
    My contract finished in October 18 and I came back to my country for some reason.My company pay my ticket money but not leave salary my visa will finish on 27 dec 18.Can I go back to UAE for cancellation or I can go after visa date finished.
    Kindly help me in this.I didnt signed my cancellation letter.

    ReplyDelete
  25. Still have banning for the cancel visa for not finish contract?

    ReplyDelete
  26. hello i want to ask about cancellation , Im new here in UAE and I got my work now but Im only 3 months working in here and now i dont want to continue because of some mis understanding of my co-worker please give me some advice what it will do or what will happen if i do cancelaltion.
    please reply thanks a lot.

    ReplyDelete
  27. If i get terminated due to conclusion of service and i only last for 7 mos. In the company do i get from the company?

    ReplyDelete
  28. Hello my name is grace im in unlimited kind of contract wherby ave worked fr 1yr and 2momths but i wish to resign how much am i supposed to compensate my company or how can i calculate the total amount

    ReplyDelete
  29. Good day, sir/madam, I have been working with my employer for 12years, as a domestic helper, my visa will expire this April, 2019, may I know what are the benefits i can get from my employer if I will not sign another contract?thank you and more power

    ReplyDelete
  30. Hi ,
    My name is Najam . From RAK
    I've resigned my company 1 month ago. But still they are creating issues to cancel my visa .I've completed almost 13 months in current . They said not eligible for gratuity & asking to buy my own ticket & also not paying my last month salary .
    What to do please contact
    0589393281

    ReplyDelete
  31. Hi my name is Najam.
    I've resigned 1month ago . But my company is not cancelling me.
    They are saying we will cancel u but not paying u gratuity, air ticket & last month salary .
    & asking also half visa cost . Coz I've finished 13months here .

    Please guide me 0589393281

    ReplyDelete
  32. Hi,
    I just want to clarify with regards to gratuity and annual leave payment, the company gave us extension contract about 4 months, i was working 3 years and they are asking me to continue working. Therefore, they gave us another new rate of my salary, ex. last year my salary rate is 5.95/hr and now for my extension contract is 6.15/hr and the company is separately calculating the gratuity my old rate and the rate as well, this is the right way way of calculation of my benefits and this is the same with the labor law?

    ReplyDelete
  33. Good day,
    My employer asked me to sign the offer letter and told me that Im already hired last year. I was so excited to get the job and didnt notice that on the offer letter states thatI need to pay a pro rated rate for visa fee if ever i will resign early and 2 mos notice period. I called labor and told me that even though I sign still I should not pay anything. but when i resigned today I sent an email and give hard copy, i told them that my last day will be on apr 9 2019. Now my boss said, i will think about your last day and you have to pay the visa amount for 10mos. he told me that their offer letter is based on labor. what should i do? please help

    ReplyDelete
  34. What can i do if my employer is delaying my final settlement. My visa finished on feb14 2019 and they are saying you have to wait untill april9 2019.

    ReplyDelete
  35. Well appreciated.. so much.
    But its likely doesnt happen in many cases in reality specially when the owner is powerful.
    So here we are looking and asking for the support of your good and honest counsel .
    How can we get support from the government to obtain settlement without hassle and silent harrasment to avoid pending salary and settlement from the company?

    Glad to hear more from you..

    Thank you somuch

    ReplyDelete
  36. hi good eve!!i just want to ask the case of my friend..because we are clearly confuse which the real statement..but first i will indicate the situation..my friend is already working on his employer for 9 months and they terminate him just recently..we want to know if he will still recieve a labour ban or not..when we ask at tas heel al wahda they said that there is no ban anymore for him and in tas heel near madinat zayed they said that there is still ban..that what make us confuse..i hope you can answer us so we will have enough information soo in any situation we have knowledge with this..thank you and god bless

    ReplyDelete
  37. I was came here at dubai last 4 months so now i get another job. Is this possible to change my job by giving visa fine.

    ReplyDelete

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