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Am I eligible for an experience certificate after resigning from the company?

Dear Lawyers,

Am I eligible to get an experience certificate from my employer even if I have resigned from the company?

I have been working here for 3 years now, but HR is saying that because I have not completed my second visa, they will not provide the experience certificate.

متميز
الحجية النوبي للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
28 Oct 2024, 12:41

Hello,

Of course, you are entitled to receive a certificate of experience as stipulated under Article 13(11) of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations.

This provision mandates that “the employer shall be obligated to: … 11- Provide the employee, upon request and at no charge, with a certificate of experience upon the termination of the employment contract. This certificate should include the date the employee joined the organization, the date of termination, the total duration of service, the job title or type of work performed, the last salary received, and the reason for the termination of the employment contract, provided that no information is included that could harm the reputation of the employee or reduce future job opportunities.

Therefore, this provision places a binding legal obligation on the employer to provide the employee with an end-of-service certificate that includes all details as specified under the aforementioned Article.

30 Oct 2024, 08:15

Thank you for sharing your thoughts!

Sir, this is the reply I received from my HR:

Please read Article 13 on employer's obligation, point No 11:

Give the Worker, at his request, upon the expiry of the employment contract, an experience certificate free of charge, indicating the date of his joining the work, the date on which his work ends, the total period of his service, the job title or the kind of work he was performing, the last wage he was receiving, and the reason for the end of the employment contract, provided that the certificate shall not include anything that might harm the Worker's reputation or reduce his employment opportunities.

It is not on when employment concludes; it is on the expiry of the employment contract.

30 Oct 2024, 08:27

The HR employee is mistaken, the intent is the end of the employment relationship by any means.

30 Oct 2024, 08:38

Thank you for your reply, sir!

So, the "expiry of the employment contract" generally includes situations like resignation or termination.

30 Oct 2024, 08:44

Of course, yes!

30 Oct 2024, 09:01

Other than Article 13(11) of Federal Decree Law No. 33 of 2021, is there anything specified about the resignation?

Can I file a complaint with MOHRE about this?

30 Oct 2024, 10:20

Yes!

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
28 Oct 2024, 12:41

You have the right to obtain that certificate, and if they refuse, file a complaint with the Ministry of Human Resources.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
28 Oct 2024, 12:41

Hello,

Yes, you are eligible for an experience certificate from your employer in the UAE, even if you resigned.

Under UAE labor law, employees are entitled to receive a service or experience certificate upon the end of their employment, regardless of resignation, termination, or contract completion.

The law does not require employees to complete a visa term to be eligible for an experience certificate.

Since you have completed three years of service, this should fulfill the requirement for issuing the certificate.

For further assistance, kindly share your WhatsApp number.

30 Oct 2024, 08:44

Thank you for sharing your thoughts!

Sir, this is the reply I received from my HR:

Please read Article 13 on employer's obligation, point No 11:

Give the Worker, at his request, upon the expiry of the employment contract, an experience certificate free of charge, indicating the date of his joining the work, the date on which his work ends, the total period of his service, the job title or the kind of work he was performing, the last wage he was receiving, and the reason for the end of the employment contract, provided that the certificate shall not include anything that might harm the Worker's reputation or reduce his employment opportunities.

It is not on when employment concludes; it is on the expiry of the employment contract.

متميز
علوي الجابري للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
28 Oct 2024, 12:55

Dear Questioner,

According to UAE labor law, an employee is entitled to receive an experience certificate from their employer upon resignation, regardless of the duration of their employment or the number of visas they have completed.

This certificate should include the employee's job title, duration of employment, and a brief description of their duties and responsibilities.

If your employer refuses to provide you with an experience certificate, you can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE).

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
29 Oct 2024, 05:07

Dear questioner,

Yes, you are eligible, and you have every right to request an experience certificate from your employer.

If you need further clarification, kindly share your WhatsApp number.

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
29 Oct 2024, 05:15

Greetings,

Yes, you deserve a certificate of experience in all cases, whether you resign or your services are terminated.

The certificate of experience is one of your labor rights.

We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us via phone, WhatsApp, or email.

معيضد المنصوري للمحاماه والاستشارات القانونيه
دردشة
توظيف
اجتماع
29 Oct 2024, 06:46

Hi,

Good morning!

Yes, you are eligible to receive an experience certificate from your employer, regardless of whether you completed your second visa.

According to UAE labor law, employers are obligated to provide employees with an experience certificate upon request, free of charge.

For further assistance, kindly share your contact details.

Maideid Al Mansoory Advocates and Legal Consultant

30 Oct 2024, 08:56

Thank you for sharing your thoughts!

Sir, this is the reply I received from my HR:

Please read Article 13 on employer's obligation, point No 11:

Give the Worker, at his request, upon the expiry of the employment contract, an experience certificate free of charge, indicating the date of his joining the work, the date on which his work ends, the total period of his service, the job title or the kind of work he was performing, the last wage he was receiving, and the reason for the end of the employment contract, provided that the certificate shall not include anything that might harm the Worker's reputation or reduce his employment opportunities.

It is not on when employment concludes; it is on the expiry of the employment contract.

30 Oct 2024, 09:34

We need to review your employment contract.

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