Dubai: If you are facing issues at work, the UAE’s Ministry of Human Resources and Emiratisation has urged workers to not just leave work without a legal reason.
Raising awareness on the concept of ‘unlawful absence from work’, the Ministry addressed both private sector workers and domestic workers in a post on its social media channels on November 4, saying: “If you are an employee or a domestic worker, be aware that leaving your job for an illegal reason may result in an unlawful status in the UAE, leading to legal accountability, exploitation, or safety risks. Should you encounter any issues, remain in your job and contact MOHRE’s Labour Claims and Advisory Call Centre at 80084 for assistance.”
But what exactly is an ‘illegal reason’ to leave your job and what are the consequences that workers face? Gulf News spoke with legal experts in the UAE to find out.
Reasons when you can leave your job without notice
Firstly, there are some reasons that are outlined in the UAE’s Labour Law, which allow workers to leave work, without the need to file their resignation and serve a notice period.
Rajiv Suri, senior associate at the law firm Al Suwaidi and company, said: “Federal Decree-Law No. 33 of 2021 outlines that for ‘good causes’, both employers and employees can terminate employment or leave their jobs. In the UAE, leaving your job ‘for an illegal reason’ generally refers to resigning or abandoning your position in a way that breaches UAE labour laws or your employment contract.”
Imran Khan, advocate and legal consultant at Bin Eid Advocates, spoke about Article 45 of the UAE labour law, which lists out instances when a worker can leave their job without being required to serve a notice period.
“But even in these cases, the issue must be reported to the Ministry before you leave your job,” he said.
But even in these cases [where you can leave your job without serving a notice period], the issue must be reported to the Ministry before you leave your job.
Illegitimate reasons for leaving the job
“Leaving a job without a legitimate reason can occur for various personal or emotional reasons. It can be burnout or high stress levels, a toxic workplace or challenging management style which can push people to exit abruptly to protect their mental well-being. Then there can be lack of career progression and resultantly people feeling unmotivated to stay in a job,” Suri said.
This, however, is not an acceptable reason, legally, to abruptly leave your job.
“In the UAE, either party, the employer or employee, may terminate the contract for just cause by giving the other a notice in writing, which is typically between 30 and 90 days depending on their contract. This just cause could be career growth, higher salary, location or commute, health reasons, personal or family reasons. However, leaving without completing the notice period could result in certain consequences under the UAE Labour Law. Either party, who is in breach of the notice period, shall compensate the other. This necessarily implies that if an employee leaves without proper notice, he or she shall be required to compensate the employer in lieu of the notice period or the remainder thereof. The employer may also raise a labour complaint against the worker who commits violations, incurring a ban for one year, in accordance with Labour Law and its Executive Regulations (Article 28 of the Cabinet Resolution (1) of 2022 on the implementation of Federal Decree-Law No. 33 of 2021). MOHRE will investigate the complaint and judge its validity,” Suri said.
Khan also spoke about how it is important for employees to remember that if they experience any illegal treatment, such as non-payment of wages, harassment, or improper adherence to labour laws by an employer, they should immediately contact MOHRE.
“MOHRE’s warning is to employees about the risks of leaving their work for unlawful reasons, as this can result in absconding charges and after that potential exploitation by other people. This particularly happens with female domestic workers. They should report such incidents directly to the Ministry via its helpline, rather than leave their jobs, to safeguard their legal rights,” he added.
MOHRE’s warning is to employees about the risks of leaving their work for unlawful reasons, as this can result in absconding charges and after that potential exploitation by other people. This particularly happens with female domestic workers. They should report such incidents directly to the Ministry via its helpline, rather than leave their jobs, to safeguard their legal rights
How to raise a labour complaint
If you are facing issues at your workplace, you can report it to MOHRE Labour Claims and Advisory Call Centre at 80084.
