Can my resignation be refused?

Can my resignation be refused?

A reader in Al Ain asks: I am an architect and have been on a work visa for the past year and two months. I have received an offer from a free trade zone in RAK and it is a good offer considering my current salary. If I submit a resignation letter, does my current employer have the right to refuse it? Is it possible to submit an irrevocable resignation letter? Will I get a six-month ban if my employer does not give me a no-objection certificate (NOC)? Is there the possibility of negotiation for a release/transfer of my visa between my current employer and my future employer to avoid a ban? I also happen to owe my current employer a total amount of Dh3,600. If I pay my debts off in cash and submit my resignation letter at the same time can I leave the office or is it still up to my current employer? How many days is the notice period once I file my resignation letter?

I would like to draw the questioner's attention to the fact that if his labour contract is for an unlimited period and if he has completed the minimum period of service which is one continuous year, fixed by the labour law - then in this case he can give a month's notice, in accordance with Article No. 117 of the UAE Labour Law which considers such a period of notice obligatory for both the employee and the employer. In addition, Article No. 118 of the labour law states that:

A contract shall subsist throughout the notice period and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period. As for the issue of visa transfer and whether the sponsor has the right to refuse an NOC or not, then I would actually say that the Ministry of Labour grants the sponsor the right whether to grant the employee such a certificate.

Therefore, I advise the questioner to approach his employer amicably and seek such a certificate, in order to transfer his visa, by way of offering certain compensation such as the expenses incurred by the employer for the employee's visa as well as any other relevant expenses. In case such an NOC is not granted, then the Ministry of Labour will apply a six-month ban where the employee will not be able to work for another employer before the lapse of that period.