أسئلة وأجوبة
Could resignation due to an employer’s behavior be considered constructive dismissal?
Hello,
If your employer’s behavior is causing you to resign, could this be considered constructive dismissal?
My employer has been illegally deducting from my commission check. When I confronted him, he wrote down various overhead costs to run the practice, costs that, as an employee, I am not responsible for, along with profit-sharing deductions that were never agreed upon in my job offer or contract.
He told me that if I couldn’t accept these terms, I would need to find another clinic to work at. He then created a new contract including all these deductions, which I refused to sign.
His manager later tried to force me to sign it, but I did not. I felt very threatened and bullied, so I filed a labor complaint, which was transferred to court.
However, I currently lack the funds to proceed due to their actions. If I file another labor complaint later and they ask why I no longer work there, can I use constructive dismissal as the reason?
Dear Questioner,
Under UAE labor law, resignation due to an employer’s actions can be considered “constructive dismissal” if the employee is forced to leave their job due to serious violations by the employer, such as unlawful deductions, threats, or coercion to sign a new contract with unfavorable terms.
You have the right to file a complaint with the Ministry of Human Resources and Emiratisation, and if no settlement is reached, you can escalate the matter to the labor court.
You can use the principle of “constructive dismissal” to support your case, especially if you have evidence such as correspondence or witnesses. It is advisable to contact us to ensure the legal filing of your claim.
Mohamed salah
Legal Consultant
Yes, based on your description, your case could fall under constructive dismissal, which occurs when an employer creates a hostile or untenable work environment, effectively forcing an employee to resign.
In UAE labor law, this can be grounds for claiming wrongful termination and seeking compensation.
Your employer’s illegal deductions and attempts to alter your contract without your consent are serious violations.
Since you've already initiated a labor complaint, the court will assess the circumstances, including the pressure and threats you faced.
If you need to file another complaint later, you can absolutely cite constructive dismissal as a reason, but you must ensure you have proper documentation (emails, messages, refusal of contract changes, etc.) to strengthen your case.
I have successfully handled similar labor disputes, and I can assist you in navigating this legally to recover your unpaid amounts and seek compensation.
Let's discuss your legal options in detail. Reach out to me on WhatsApp or phone at [----------] to discuss this further.
Best regards,
Suhail Rana
Yes, if your employer's actions, such as illegal deductions and coercing you into signing new terms you didn't agree to, created an intolerable work environment, it may qualify as constructive dismissal.
You can use this as your reason for leaving when filing another labor complaint. If the case proceeds, you may be entitled to compensation for unpaid dues and damages.
Constructive dismissal occurs when an employer creates working conditions so intolerable that the employee is forced to resign.
Essentially, the employer forces the employee to quit. Such as significant and unilateral changes to the employment contract, illegal deductions from wages, harassment or bullying, and creating an unsafe or hostile work environment.
When you file a further labor complaint, it is absolutely valid to use that the employer's actions created a situation of constructive dismissal.
It is very important to have documented proof of all the actions that the employer has taken.
If you need further assistance, kindly share your WhatsApp number.
Greetings,
Your situation may qualify as constructive dismissal if your employer's actions created a hostile work environment that forced you to resign.
Illegal deductions and coercion to sign an unfavorable contract can strengthen your case. Since you have already filed a labor complaint that has moved to court, it is crucial to gather evidence, such as your original contract, proof of deductions, and any written communication.
Dear questioner,
As per the law, to terminate a contract, you either need approval from MOHRE or must serve the notice period.
If you file a complaint later, it may not be accepted at all, as you had already initiated one but did not proceed.
Therefore, it is advisable to either proceed with the complaint in labor court or submit your resignation and serve the notice period. Otherwise, there is a risk of immigration violations.
If you need further clarification, kindly share your WhatsApp number.
