Ask Gulf News: Can employers refuse to accept an employee’s resignation in the UAE?

Question: I have a friend who submitted her resignation to her employer, but the employer refused to accept it. Instead, the employer said that if she does not come to work, they will mark her as absent and deduct her salary, or file an absconding case against her. Does the employer have the right to refuse to accept an employee’s resignation?

Answer: An employer does not have the right to refuse an employee’s resignation or force the employee to continue working. However, the resignation should be submitted through the official work email or the company’s internal system so that it serves as evidence in case the employer later raises accusations.

UAE labour law grants both parties in an employment relationship the right to terminate the contract. Article 42 of Federal Decree Law No. 33 of 2021 states that an employment contract may be terminated at the request of either party, provided the provisions of the law regarding termination and the notice period agreed in the contract are followed.

Article 43 further states that either party may terminate the employment contract for a legitimate reason, provided the other party is notified in writing and the agreed notice period is served. The notice period must not be less than 30 days and not more than 90 days.

Additionally, Article 14 prohibits the use of force. It states that an employer may not use any means to compel a worker, threaten them with penalties, or force them to work or provide services against their will.