Dubai: If you are moving from one job to another, it is important to ensure that you are fulfilling all your responsibilities as a worker so that you can easily make the transition in your career.
While there may be situations when you face a labour ban if, for example, you don’t serve the necessary notice period, the UAE’s Ministry of Human Resources and Emiratisation (MOHRE) also raised awareness on employee rights and three situations when a worker can join a new company, through a post on its official social media channels. These are the three situations:
1. If your employment contract is terminated and not renewed.
2. If the employer terminates the contract without a reason pertaining to the worker.
3. If the contract is terminated during its term in accordance with Article 42 (Termination of employment contracts) and Article 45 (Leaving work without prior notice) of the labour law and its implementing regulations
1. If your employment contract is terminated and not renewed.
As reported by Gulf News earlier, while earlier contracts were categorised as limited or unlimited, the new labour law – Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations – stipulates that contracts shall be concluded for a definite period of time, which does not exceed three years. They may be extended or renewed once or more than once, for an equal or a shorter term, as per the new law.
However, as per the post by MOHRE, if your employment contract is terminated and not renewed, you can join a new company.
2. If the employer terminates the contract without a reason pertaining to the worker.
If you are asked to leave your job, for reasons not related to your work, you can join another company once your contract is terminated. You are also entitled to certain rights in such a situation, like receiving your gratuity and end of service benefits, a 30-day notice of the termination of contract, and a repatriation ticket, if you wish to return to your home country. For a complete guide on all your rights in such a situation, as per the UAE Labour Law, click here.
3. If the contract is terminated during its term in accordance with Article 42 and Article 45 of the labour law and its implementing regulations
What does Article 42 of the UAE Labour Law state?
The UAE Labour Law covers nine cases when an employment contract can end, in Article 42.
As per the Article, an employment contract shall terminate in any of the following events:
1. By mutual written agreement of the parties.
2. The expiration of the term of the contract, unless it is extended or renewed pursuant to the provisions hereof.
3. Upon the will of either party, subject to the provisions of this Decree-Law in relation to termination of Employment Contract and Notice Period agreed upon in the contract.
4. Employer's death unless the subject of the contract is connected with his person.
5. Worker's death or permanent total disability, as evidenced by a certificate from the Medical Institution.
6. If the Worker is convicted by a final order to a custodial penalty for a term of not less than three months.
7. The permanent closure of the establishment, pursuant to the legislation in force in the UAE.
8. If the employer becomes bankrupt, insolvent or unable to continue in business for any economical or exceptional reasons, in accordance with the conditions, controls and procedures set by the Executive Regulations and the legislation in force in the UAE.
9. If the worker does not meet the conditions for renewal of the work permit for any reason outside the control of the employer.
What does Article 45 of the UAE Labour Law state?
Article 45 of the UAE Labour Law covers four situations when a worker may quit work without notice and reserve all his entitlements at the end of service. These include situations when the employer violates his or her obligations as per the contract or the UAE Labour Law, if the worker faces incidents of assault or harassment or if the workspace poses a serious threat to the health and well-being of the worker. For a detailed guide on this aspect of the UAE Labour Law, click here.
If none of the cases of Article 45 apply to you, then you must submit a notice informing your employer. A full-time employee who wants to resign from their job, must serve a notice period anywhere between 30 to 90 days, according to Article 43 of the UAE Labour Law. Your labour contract will specify the notice you need to serve to your employer.
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