Ask Gulf News: Can employees resign immediately after workplace harassment?

Question: My employer harassed me, and as a result I resigned immediately without serving notice because I was unable to continue working in that environment. What should I do to preserve my end-of-service entitlements? Am I entitled to claim arbitrary dismissal and compensation for the harassment? Please advise.

Answer: In case of harassment at work, the employee is entitled to resign without serving the notice period while retaining all end-of-service entitlements, 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. This right is provided under Article 45(2) of the UAE Labor Federal Decree-Law, which states: “ The worker quit work without notice, while retaining his rights upon end of service in any of the following cases: 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.”

Regarding arbitrary dismissal, workplace harassment is not one of the causes to such a claim under Article 47 of the Labour Law. Article 47 limits arbitrary dismissal to situations where the employer terminates the employee's employment because the employee has filed a serious complaint with the Ministry or initiated legal proceedings against the employer, provided that the validity of the complaint or claim is established.

As for compensation, the employee may claim. However, the burden of proof rests with the employee, who must establish, through evidence, that the harassment occurred and that it was committed by the employer at work. The court will assess the evidence presented and, at its discretion, determine whether the employee deserves compensation or not.