Essential Guidelines on Notice Periods and Conditions for Immediate Resignation in the UAE

Understanding Your Notice Period: 7 Key Points and 4 Cases for Resignation Without Notice Under UAE Labour Law

Navigating job transitions in the UAE's private sector requires a clear understanding of the notice period rules as outlined in the UAE Labour Law – Federal Decree-Law No. 33 of 2021. Whether you're moving to a new job or facing termination, here are seven essential terms and conditions provided by the UAE’s Ministry of Human Resources and Emiratisation (MOHRE) that you need to know:

?Seven Key Points on Notice Period

1. Duration of Notice Period: The notice period must be at least 30 days and no more than 90 days.

2. Duties During Notice Period: Employees are expected to continue fulfilling their job responsibilities throughout the notice period.

3. Compensation for Non-Compliance: If either party fails to comply with the notice period, they must compensate the other party with a notice allowance payment.

4. Notice Allowance Payment: This allowance is equivalent to the full wage or a proportionate amount for the remaining notice period.

5. Job Search Leave: If the employer initiates the termination, employees are entitled to one unpaid day off per week during the notice period for job searching, provided they give at least three days’ notice.

6. Wage Calculation for Notice Allowance: The notice allowance is based on the employee's most recent wage, regardless of whether it was received monthly, weekly, daily, or hourly.

7. Piece-Rate Workers: For workers paid on a piece-rate basis, the notice allowance is calculated according to the average daily wage.

Four Cases Where You Can Resign Without Notice

According to Article 45 of the UAE Labour Law, a worker can resign without notice in the following situations:

1. Violation of Rights: If your employer has violated your rights as mentioned in the Labour Law, its executive resolutions, or your contract. You must notify MOHRE at least 14 days before resigning and the employer must have failed to rectify the situation despite being informed by MOHRE. If all these conditions are met, you can resign without notice.

2. Assault by Employer: If you have been assaulted by your employer or the employer’s legal representative, you must inform the competent authorities and MOHRE within five working days from the date of the incident.

3. Unsafe Work Environment: If the workplace poses serious dangers to your safety and health, and the employer fails to correct the situation despite being aware of it.

4. Non-Consensual Change in Job Duties: If you are asked to perform tasks fundamentally different from those agreed upon in your employment contract without your consent. There are exceptions to this clause, which are highlighted in Article 12 of the UAE Labour Law.

If none of these cases apply to you, then you must submit a notice informing your employer. A full-time employee wanting to resign must serve a notice period between 30 to 90 days, according to Article 43 of the UAE Labour Law. Your labor contract will specify the exact notice period you need to serve.

Understanding these terms can help ensure a smoother transition during job changes or terminations. Stay informed and compliant with the UAE Labour Law to protect your rights and obligations.

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