Resignation sent through email is valid as per law

I have an unlimited contract and have submitted my resignation to my employer as there was some misunderstanding and also due to the wrong place that I was told to work.

  • Published: 19:23 April 12, 2012

SUBJECT
Employment

I have an unlimited contract and have submitted my resignation to my employer as there was some misunderstanding and also due to the wrong place that I was told to work. The employer refused to accept my resignation. Nevertheless, I left the company. My manager called and asked me to report back to work as my resignation was not accepted by the employer. I refused and emailed my resignation to him as well as the management. They neither replied nor acknowledged my resignation. I have heard that they have not accepted my resignation and it can’t be accepted through email. I want to know whether an acknowledgement is necessary from them? Do I need to work during the notice period? Is it a legal way as per the labour law to send a resignation by email? I have not completed two years with my current employer and I am holding a bachelor’s degree. Can I join another company without the NOC from my current employer?

I would like to clarify to the questioner that as per the Labour Law, for the resignation of the worker, it is not required to be approved by the employer and sending resignation via email is considered as legal way as per the labour law. Therefore, the questioner as per law is considered as resigned, so she shall continue her work within the agreed notice period unless the employer requests the questioner in writing not to work within the notice period. Therefore the questioner shall approach the Ministry of Labour in the event of non-acceptance of such matter by the employer. Finally the questioner can join a new employer and the NOC is not required from the current employer as long as the questioner finds a job with a salary of Dh12,000 because the questioner is holding a bachelor’s degree as per the labour office requirement.

- Questions answered by Advocate Mohammad Ebrahim  Al Shaiba of Al Shaiba Advocates and Legal Consultants.