Resignation rules in UAE: Your rights if salaries go unpaid

Question: I worked for a company for three years. Two months ago, the company did not pay my salary due to a sudden financial crisis so I quit my job without notice. I then filed a complaint in the Labour Office to get my dues, but the company filed a counter complaint over notice period payment. Did my resignation without notice violate the law?

Answer: The labour law allows an employee to quit his job without notice, while retaining his rights to end-of-service benefits, if the employer is in breach of his obligations to the worker. However, a worker is required to notify the Ministry of Human Resources and Emiratisation about the issue 14 days before leaving the job. The ministry will then ask the employer to rectify the breach. If the employer fails to do so, then the employee’s decision to quit without notice is justified.

However, if an employee fails to notify the ministry, he has to serve the notice period agreed upon in the employment contract, or compensate the employer financially.

On notice period, the law says that the party who does not abide by the notice period shall pay to the other party compensation, which is called notice period allowance, even if the absence of notification does not cause damage to the other party.

The compensation shall be equal to the worker’s wage for the full notice period, or the remaining part thereof.

So, if you did notify the ministry before you quit, the company has the right to demand notice period payment.