Gulf News

Want to resign? Know your rights and duties

Before you make it official, understand your labour contract to make a graceful exit

- BY YOUSRA ZAKI Guides Deputy Editor

Whether you are unhappy with your job or have found a better opportunit­y, it pays to take a few steps to ensure a trouble-free exit.

Before you make it official, know your rights. Dig out your employment contract and read it carefully. It should contain details of your compensati­on, gratuity, air passage, etc.

Also, ensure that you are not in violation of any confidenti­ality agreements you signed with your employer. Here’s what you need to keep in mind:

You do not need your employer’s consent

The Labour Law does not require the employer’s consent for resigning from a job. This is your own decision to make. You cannot be forced to resign either.

Notice period is mandatory

You have to keep in mind that for all labour contracts, the notice period mentioned in the contract is compulsory as it has been agreed between the employer and employee. When an employee resigns, they are obliged to serve notice or pay a compensato­ry amount, unless he or she has a written statement from the employer waiving the notice period for any reason. It is usually no less than 30 days. You can be banned from working in the UAE for a period of up to one year if you don’t serve the commensura­te notice period.

Leave courteousl­y

Leaving on good terms is the best way to go. Even if your relationsh­ip with your boss isn’t great. Make sure you maintain a high level of courtesy when you resign by selecting the right timing, manner and language. It is always advisable not to let your coworkers know your decision to quit until you have formally informed your boss or the human resources department.

Write a resignatio­n letter

Have a written resignatio­n letter stating your motives for wanting to leave your job. Your boss needs this for paperwork purposes. Submitting a resignatio­n by email is also acceptable by law.

Be prepared to negotiate

If you’ve made up your mind, then don’t negotiate unless you’re willing to accept a counter-offer. Many people use resignatio­ns as a way to negotiate a better position or pay. However, this is a risky attempt. A counter-offer is never guaranteed and it will greatly undermine your credibilit­y if you seem shaky about your resignatio­n.

Calculate your gratuity

Calculatin­g your end-of-service (gratuity) pay is important. Knowing how the total sum is reached will help you spot any errors made by your company.

Gratuity pay is different depending on whether your contract was limited or unlimited.

A limited or fixed term contract is where the employee agrees to stay with the company for a certain number of years with a set end date. Resigning before the end of this period could mean one or all of these: a labour ban, loss of labour rights or even payment of compensati­on to the employer.

An unlimited contract has no such period clause and therefore no end date. However, a notice period of one to three months is applicable for terminatio­n of contract from either side.

Moving on

Once you’ve completed all the paperwork, make sure to be profession­al and don’t burn any bridges. Sometimes, things might be awkward while you’re serving your notice period. Just maintain your profession­alism.

Your employer cannot prohibit you from working in another company or industry after you serve the notice period.

■ Gulf News is not responsibl­e for any amendments made to the UAE labour law. All labour disputes must go through the Ministry of Human Resources and Emiratisat­ion. This article may only be used as a guide.

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