Dubai: If you are working in the UAE and have found a better job offer, can you resign from your company, even if your employer refuses to accept or acknowledge receipt of your resignation? And what are your rights in terms of getting your dues and starting work for the new company? A Gulf News reader wrote in raising this query.
They asked: “I have a question regarding resignation. If you resign from your job, after getting a new job offer, can the current employer put a hold on the request or say that it is not acceptable? If they do not reply to the resignation letter or say “We will think about it”, then what can the employee do? After putting in your resignation papers, if 30 days have passed, what should the employee do? Can they join the new job, if they do not wish to continue working with the previous employer?”
Gulf News raised the query with Mohamed Gamal, Legal Adviser at Kaden Boriss Legal Consultants Dubai, who said that the current UAE Labour Law – Federal Law No. 8 of 1980 - stipulates in Article 113 that if the termination of the employment relationship is by agreement, it must be in writing. This applies to an employee if he or she is on an unlimited contract.
“But if the worker decides to resign and the resignation paper has already been submitted to the employer, he is not obligated to confirm receipt of it,” Gamal added.
He stressed that the actions taken after the resignation is submitted can be considered as evidence of receipt. For example, the employer is required to settle the employee’s dues and ensure that the employee acknowledges that the dues have been settled by signing a receipt. The employer also needs to cancel the employee’s visa.
If the worker decides to resign and the resignation paper has already been submitted to the employer, he is not obligated to confirm receipt of it.
“As for the employee, they must keep a copy of the method they used to notify the employer of their resignation, until they receive all their rights,” Gamal said.
What if my dues are not settled?
In case the employer fails to settle the employee’s dues within the notice period, the employee has the option to raise the case with a labour court.
“They can prove to the court, through the copy of their resignation letter, when the notice period began and when it ended, and the rights arising from the resignation. Also, they may request the court to provide a temporary work permit to work in another company, so that the employee’s labour file can be cancelled and a new file opened. The decision is issued within 48 hours from the time the file was presented to the competent judge, in accordance with the text of Article 59 of the Civil Procedure law,” Gamal said.
