Are you aware of your Labour Rights before Leaving Job in UAE?
Leaving Job will give you 3 options to choose from:
1: End of Contract
2: Resignation
3: Termination
In each case you have specific rights to took benefit from.
UAE Resignation Rules:
When worker resign, employer's acceptance or rejection of worker resignation is not essential legally. Even if the resignation was submitted by email, it is considered accepted from the date of submission. Therefore, worker contractual notice period (up to a maximum of three months, which is generally 1 month) starts from the date you applied resignation.
UAE Termination Rules:
Your dues and receivables differ based on whether you are terminated because ofredundancy or if you are terminated in what is considered arbitrary dismissal.
In arbitrary dismissal, employers are liable to compensate the employee forwrongful termination along with gratuity and other dues.
In redundancy, there is no such compensation other than gratuity dues or notice period compensation.
Below are your rights and responsibilities before and after leaving Job in UAE:
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Notice period Rules in UAE:
You must serve notice period when resigning, and this will usually between 1 month and maximum 3 months based on your type of contract.
It cannot be for more than 3 months as per UAE Labour law, and your employer (company) cannot force you to work for more than that period.
The notice you served must be counted from the date of resignation or termination. In case of termination, the employer (company) might ask you (worker) to work during the notice period (1 month/3 months) or pay you the salary for the period before letting you go.
Air fare Rules in UAE:
Air Ticket Rules in UAE are written in UAE Labour Law, According to Article 131, your employer (company) is obligated to pay your air fare to your home country or previously agreed upon destination. However, if the employee (worker) enters the service of another sponsor or employer after, then the latter becomes responsible for air fare from the point of recruitment.
If the termination is by fault of the employee (worker), the employer (company) is not legally liable to pay for air fare if the employee has the means to pay.
Air fare law in UAE is specific to the cost of a travelling ticket for the employee. Other costs such as shipping or family repatriation (return) are also legally payable if agreed upon in the labour contract or as per contractual company policies.
Visa costs Rules in UAE:
You, as a worker (employee), are not required to reimburse (re-pay) your employer (company) for visa costs at any time.
It is clearly mention in UAE Labour Law that visa costs and sponsorship costs are the sole responsibility of the employer (company) and regardless of how or why your contract is terminated, you are not legally liable to pay for visa cost or fees.
Experience certificate Rules in UAE:
A worker can request experience certificate upon the end of his/her contract, and the company (employer) would be liable to furnish this, along with all other certificates belonging to the worker.
As per Article 125 of the UAE Labour Law, an employee upon end of contract should be given an end-of-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.
Gratuity Pay Rules in UAE:
Payment of gratuity pay depends on how long you have been employed for as well as your contract type.
Visa cancellation Rules in UAE:
All charges of visa cancellation and the process are the employer's (company) responsibility, employee (worker) will not pay any thing related to visa cancellation.
Employee (worker) passport should be handed over to him/her immediately after the completion of cancellation process.
It is in our record that many companies (employers) still force employees (workers) to give up their passports for 'safe-keeping' or as a 'guarantee' but this is illegal as per UAE Labour Law.
Some companies agree to give up passports only close to the time of departure from the country or at airport only, this is also illegal as per UAE Labour Law.
Only a competent court or other federal authority can keep employee (worker) passport.
Do not Sign Resignation until:
At the bottom of the MOHRE cancellation application, you will be signing to confirm that you have received your final settlement from company (employer).
Please note that do not sign the application until you have in fact received your salary, gratuity payment or any other outstanding amounts. This includes your annual leave salary and air fare too.
Sadly, there are some employers (companies) who may try to cheat you out of some of it.
Do you have more questions about UAE Labour Rights in case of Resignation or Termination? Ask us in below box, we will reply you soon.
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