Termination or resignation: You have rights when leaving a job

Based on common reader questions, here’s a list of employee rights and responsibilities

Despite having clear guidelines on employee rights in the UAE, some employers do take advantage and force residents to accept less than what they’re owed in case of resignation or termination.From conditions of notice periods to arbitrary dismissals, there are laws protecting both employee and employer interests.

Resignation

When you resign, your employer’s acceptance or rejection of your resignation is not essential legally. Even if the resignation was submitted by email, it is considered accepted from the date of submission. Therefore, your contractual notice period (up to a maximum of three months) starts from this date.

Termination

Your dues and receivables differ based on whether you are terminated on account of redundancy or sacked in a manner that is considered arbitrary dismissal.

In arbitrary dismissal, employers are liable to compensate the employee for wrongful termination along with gratuity and other dues. In redundancy, there is no such compensation other than gratuity or notice period compensation.

Notice period

You have to serve the notice period when resigning, and this will usually be one to three months based on your contract. It cannot be more than three months as per law.

Your notice period is counted from the day of resignation or termination. In case of termination, the employer might ask you to work during the notice period or pay you the salary for the period before letting you go.

Air fare

According to Article 131, your employer is obliged to pay your airfare to your home country or previously agreed upon destination. However, if the employee enters into the service of another sponsor or employer in the UAE, then the latter becomes responsible for the airfare from the point of recruitment. If the termination is because of a fault of the employee, the employer is not liable to pay for the airfare if the employee has the means to pay. This law is specific to the cost of a travelling ticket for the employee. Other costs such as shipping or family repatriation are also legally payable if agreed upon in the labour contract or as per contractual company policies.

Visa costs

You, as an employee, are not required to reimburse your employer for visa costs at any time. Visa costs and sponsorship costs are the sole responsibility of the employer regardless of how or why your contract is terminated.

Experience certificate

According to Article 125 of the UAE Labour Law, an employee at the end of the contract should be given an endof-service certificate detailing start date, end date and nature of work performed during the period of employment. It may also state your latest pay or wage details if requested.

An employee can request this certificate, and the employer would be liable to furnish this, along with all certificates belonging to the employee.

Gratuity pay

The gratuity amount depends on how long you have been employed for as well as your contract type.

Use our guide to gratuity pay in the UAE to calculate how much your employer is liable to pay upon end of service.

Visa cancellation

Charges of visa cancellation and the process are the employer’s responsibility. Your passport should be handed over to you immediately after the completion of cancellation.

Many employers still force employees to hand over their passports for ‘safe-keeping’ or as ‘guarantee’ but this is illegal as per the UAE Labour Law. Only a competent court or other federal authority is allowed to keep your passport.

■ Disclaimer: Gulf News is not responsible for any amendments made to the UAE Labour Law. All labour disputes must go through the Ministry of Labour. This article may only be used as a guide.