Employer says they can't accept my resignation before the contract ends. What should I do?

Dear Inquirer,

It seems that your employer is refusing to issue a resignation letter before the end of your contract, which may be causing confusion.

Since your probation period has ended, you are generally entitled to resign as per the terms of your employment contract. The company cannot withhold a resignation letter indefinitely.

We recommend reviewing your employment contract to understand any specific clauses regarding resignation and the issuance of a resignation letter.

If needed, we can assist you in resolving this matter and ensuring your rights are protected.

To discuss this issue further and receive legal guidance, please book a consultation with us through our website.

Best regards,

Dear Valued Client,

Thank you for bringing this matter to our attention!

I understand you have submitted a formal resignation letter and received a response from your employer stating they cannot provide a resignation letter before your contract ends.

Given that your probation period has concluded, I would like to offer the following professional guidance:

1. Legal Right to Resign:

Under UAE Labor Law (Federal Decree-Law No. 33 of 2021), you have the right to resign from your position, regardless of whether you are on a limited or unlimited contract. Your employer cannot legally refuse to accept your resignation.

2. Notice Period:

Please review your employment contract to confirm the required notice period. Typically, this is 30 days for most positions, but it may vary based on your specific agreement. Ensure you adhere to this notice period to maintain professional standards and avoid potential penalties.

3. Communication with Employer:

I recommend sending a follow-up email to your employer, referencing your initial resignation letter and politely reiterating your intention to resign. Include the following points:

- Cite the relevant articles from UAE Labor Law that support your right to resign.

- Confirm your willingness to serve the required notice period as per your contract.

- Request written acknowledgment of your resignation and confirmation of your last working day.

4. Documentation:

Keep copies of all correspondence related to your resignation for your records. This includes your initial resignation letter, the employer's response, and any subsequent communications.

5. Escalation if Necessary:

If your employer continues to resist accepting your resignation, you may need to seek assistance from the Ministry of Human Resources and Emiratisation (MOHRE). They can provide guidance and intervene if necessary.

6. Transition Planning:

Despite the current situation, I advise maintaining professionalism and continuing to fulfill your job responsibilities during the notice period. This will help ensure a smooth transition and maintain positive professional relationships.

7. Legal Implications:

Be aware that resigning before a fixed-term contract ends may have financial implications, typically up to one month's salary as compensation to the employer. Please review your contract or consult with a legal professional to understand any potential obligations.

If you require any further assistance or clarification, please don't hesitate to reach out. We're here to support you through this transition while ensuring compliance with UAE labor regulations.

Best regards,