أسئلة وأجوبة
Is a resignation issued outside the UAE considered valid?
Dear Sir/Madam,
I recently informed my employer that I would be working remotely due to personal reasons and I left the UAE after informing him that I would be leaving for a few days.
I was unable to resolve my personal issues and submitted my resignation remotely while outside the UAE. I sent the resignation letter by e-mail.
My Employer now claims that my resignation is invalid as it was not issued in the UAE and is claiming I have committed gross misconduct. I assume this is with a view to dismissing me before I have completed my notice period.
I have continued to work while I have been outside the UAE, and my employer is aware of this. I am returning to the UAE this weekend to complete my notice period.
Is it possible for my employer to dismiss me for gross misconduct in these circumstances, given that I submitted my resignation first?
Dear Questioner,
According to UAE labor law, an employee has the right to resign from their job at any time by giving notice to their employer.
The notice period should be as per the employment contract or as per the law, whichever is longer.
In your case, you have informed your employer about your intention to resign and have submitted your resignation letter via email.
This is considered a valid form of resignation as per UAE labor law. Your employer cannot claim that your resignation is invalid because it was not issued in the UAE.
Furthermore, your employer cannot dismiss you for gross misconduct if you have already submitted your resignation.
Your resignation takes effect immediately and your employer cannot terminate your employment without following the proper procedures for termination.
However, if your employer has evidence of gross misconduct on your part, they may take disciplinary action against you.
This could include withholding your end-of-service benefits or filing a complaint with the Ministry of Human Resources and Emiratization (MOHRE).
In such a case, it is important to seek legal advice and defend yourself against any false accusations.
In conclusion, your resignation is valid and your employer cannot dismiss you for gross misconduct.
Dear Questioner,
Normally, under UAE Labor law, you have to serve the notice period after submitting your resignation.
And if you were working remotely and the same has not been approved by your employer or manager, then you may work with them until you finish your notice period.
Later, the employer can't make any allegation against you for the reason of misconduct.
If you need further clarification, we will arrange a legal consultation session. Share your WhatsApp number if you want to proceed.
Dear enquirer,
In the UAE, the employer can terminate an employee's contract without notice in the following cases:
If the employee is absent without a valid reason for more than 20 discontinuous days within a year or for more than seven consecutive days.
Termination without notice requires a written investigation with the employee. The termination decision must be in writing, stating the cause, and delivered by the employer or their representative to the employee.
Regarding resignation, Article 43 states that either party can terminate the contract for any valid reason, provided that the other party is notified in writing.
The party terminating the contract must follow the agreed-upon notice period, which should be between 30 and 90 days.
If more clarification is required, don't hesitate to contact us via phone or email.
