UAE Labour Law: 4 cases where a worker is allowed to resign without notice
You will still be legally entitled to end-of-service benefits in these situations.
Dubai: If you plan on resigning immediately from your job because you are unhappy with your work environment or if there is an emergency, it is important to note that the UAE’s Labour Law does provide workers the option to resign without notice, but only in specific circumstances.
Article 45 of the UAE’s Labour Law - Federal Decree-Law No. 33 of 2021 – states four specific cases where the worker has the right to resign without notice. In any other situation, resigning without notice would make you legally liable to pay a financial compensation to your employer.
Four cases where you can resign without a notice
According to Article 45, a worker can resign without notice in the following situations:
1. If your employer has violated your rights – as mentioned in the Labour Law, its executive resolutions or in your contract. However, you would need to notify the Ministry of Human Resources and Emiratisation (MOHRE) at least 14 days before you put in your papers to resign. The law also states another condition in this situation - the employer should have failed to rectify the situation, despite being informed by MOHRE to do so. If all these conditions are met, you are entitled to resign without notice, as per Clause 1 of the Article.
2. In case the worker has been assaulted by the employer, or the employer’s legal representative. In this case, you should inform the competent authorities and MOHRE within five working days from the date on which you were able to report the incident.
3. If the workplace poses serious dangers to a worker’s safety and health and the employer fails to correct the situation, despite being aware of it.
4. If you are asked to perform tasks that are fundamentally different from the work agreed upon in the employment contract, and have not consented to. However, there are certain exceptions to this clause, which are highlighted in Article 12 of the UAE Labour Law. To know more, click here.
1. The employer’s breach of his obligations towards the worker stipulated in the contract, this Decree-Law or the resolutions issued for its implementation, provided that the worker notifies the Ministry fourteen (14) working days before the date of quitting work and without the employer’s rectification and removal of the effects resulting from this breach despite being notified by the Ministry of the same.
2. It has been proven that the employer or its legal representative assaulted the worker, committed violence or harassment against him at work, provided that he informs the competent authorities and the Ministry within (5) five working days from the date on which he was able to report.
3. If there is a grave danger at the workplace that threatens the worker’s safety or health, provided that the employer is aware of its existence and does not take any actions that indicate its removal. Then, the Implementing Regulation hereof specifies the rules of the grave danger.
4. The employer instructs the worker to perform a work fundamentally different from the work agreed upon in the employment contract, without obtaining the worker’s written consent on the same, except for the necessity cases as per the provisions of Article (12) hereof.
If none of the cases of Article 45 apply to you, then you must submit a notice informing your employer. A full-time employee who wants to resign from their job, must serve a notice period anywhere between 30 to 90 days, according to Article 43 of the UAE Labour Law. Your labour contract will specify the notice you need to serve to your employer.
To know more about the rules you need to follow when drafting your resignation letter, read our detailed guide here.