Dubai: Resigning from your full-time job might be a difficult decision to make. But, once you have reached that decision, it is important to follow the necessary rules and laws to ensure there is no hiccup in your exit from the company.
What does the UAE Labour Law require an employee to do, if he or she wants to resign? Is sending your resignation via email sufficient? Or do you need to physically present it to your employer. Here is what you need to do according to legal experts in the UAE.
Is email sufficient?
Article 43 of the UAE Labour Law – Federal Decree-Law No. 33 of 2021 – requires an employee to inform the employer “in writing”, in case he or she wishes to resign.
“In the event that either party [employer or employee] wishes to terminate the employment contract for any legitimate reason, then such party shall notify the other in writing and serve the notice period as stipulated in the employment contract,” Sunil Ambalavelil, Managing Partner at UAE-based law firm Nasser Yousuf Al Khamis Advocates and Legal Consultants (NYK Law Firm), said.
He clarified that a resignation letter is valid, regardless of whether it is sent via email or as a physical letter, as long as the employer receives the resignation.
He further added that any correspondence conducted through email is legally binding, according to Federal Law No. (1) of 2006 ‘Concerning Electronic Transactions & Commerce’.
“The law considers any written correspondence by way of an electronic medium as acceptable. Hence, the employee may submit the resignation letter to the employer via email,” he said.
The law considers any written correspondence by way of an electronic medium as acceptable. Hence, the employee may submit the resignation letter to the employer via email.
However, Ambalavelil suggested that a best practice to follow is to also keep a hard copy of the resignation letter with the employer’s signature. While this is not legally required it can be helpful for record keeping.
Does the employer have to approve my resignation?
While an employee does need to send a written resignation letter and make sure that the employer has received it, the employer is not necessarily required to acknowledge or respond to the letter, according to Dr Ibrahim Al Banna, CEO of Ibrahim Al Banna Advocates and Legal Consultants.
The employer is not required to expressly acknowledge the notification.
“The employer is not required to expressly acknowledge the notification,” Dr Al Banna said.
To know more about the five steps you should take if you plan to resign from your job, read our detailed guide here.
