Although there are clear guidelines regarding employee rights, in case of a resignation or termination, many residents are coerced into accepting less than what they deserve. Although lawyers in Dubai could guide you regarding this, it is important that you should know your rights when you leave your job.
Some laws protect both employee and
employer interests from the conditions of notice periods to arbitrary
dismissals. However, they tend to differ depending on the type of contract and
your period of employment.
●
For a limited period: The contract has to be
renewed for continued employment.
●
For unlimited period: There is no need for
renewal as there is no limit on the period of employment.
Read on to learn more:
The End of Contract
· Resignation
Your employer’s acceptance or rejection
of your resignation is not essential. Even though you resigned through email,
it is perceived as accepted from its submission. So, whatever your contractual
period is, which is normally up to 3 months, your resignation starts from the
date you submitted it.
However, in the case of a limited
contract, resignation is a violation of the contract. You can leave after your
contract period or with your employer’s consent.
· Termination
Your owed dues and receivable vary on
whether you are terminated due to downsizing or if you are wrongfully
terminated – arbitrary dismissal. In case of arbitrary dismissal, employers are
liable to compensate for this wrongful termination with other dues as well as
gratuity. However, in redundancy, there is no compensation other than gratuity
pay with/without notice period compensation.
Rights and Responsibilities
· Notice period
You are required to serve the notice
period after resigning, which is usually between one and three months. As per
law, it cannot be more than three months. For a limited period contract, there
is no specific notice period. You cannot resign during the contract period. If
you need to quit urgently, talk to the employer.
Your notice period starts from the day of
your resignation/termination. If terminated, your boss might ask to work during
the notice period or pay the salary for the time before you leave.
· Air Fare
According to Article 131, unless
specified in the labour contract, your employer is not liable for paying
airfare to your home country. If mentioned in the contract, the firm has to
pay. This law is specific to the traveling ticket’s cost. Shipping or family
repatriation is also payable if agreed upon in the labour contract.
· Visa Costs
As an employee, you never have to
reimburse your employer for visa costs. They are solely the employer’s
responsibility regardless of how/why the contract got terminated. Many
companies ask for installment-based deduction to cover visa costs from
employees, which is illegal.
· Experience Certificate
The employee should be given an
end-of-service certificate with all details, such as start date, end date, and
nature of work performed, and wage/pay details according to Article 125 of the
UAE Labour Law.
· Gratuity Pay
It depends on your contract type and how
long you have been employed for the employer.
· Passports and Visa Cancellation
It is the employer’s responsibility to
pay the visa cancellation fees and the process. You should get the passport
immediately after the cancellation process has been completed. Even now, many
employers force employees to give up their passports as a guarantee. But it is
an illegal act. At no time your employer
can keep your passports unless a cancellation or renewal is in process.
In case an employee is wrongfully
terminated from their job, they are entitled to enjoy UAE labour law termination benefits. Therefore, you must know your rights
as an employee working in the UAE.
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