Dubai, UAE

Resigning without notice for the non-payment of salaries

Sir,

I am currently working for a construction company in Dubai. We haven't received our salaries for 5 months already. I got an offer from another company and they need me to start urgently.

As my contract is unlimited, I am required to finish the 1-month notice as per the law. However, I also quoted that as per law, if a certain company has not paid their employees at least 3 months, the employee is entitled to leave without completing the notice period.

I filed a complaint at the MOHRE with a reason of leaving the company in 2 weeks' notice due to the failure of releasing salaries. I also need to get my settlement as soon as possible as well.

Now, they are threatening me that this case will go against me and my future career employment.

Any advice on what to do?

Naser Muhyealdeen

Hassan Al Riyami Advocates & Legal Consultants

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3 Feb 2019, 11:28

Unlimited contract

In the case of unlimited contracts, an employment relationship is terminated in one of the following instances:

- Both the employer and employee mutually agree to terminate the contract.

- When either party decides, at any time, to terminate the contract provided that the terminating party abides by the legal notice requirements and continues to honour his obligations for the duration of the notice period, which cannot be less than one month and no longer than three months.

- When either party acts unilaterally to terminate the contract, without complying with the legal notice and without reasons of default by the other party - in this case, the terminating party bears the legal consequences of early termination.

3 Feb 2019, 13:45

So I'm held liable for that?

But the company has failed us to provide our salaries for 5 months?

3 Feb 2019, 13:47

Termination of contract without notice by the employee

An employee can terminate an employment contract without notice period if:

- The employer has failed to meet contractual or legal obligations towards the worker (for example, if he fails to pay wages for a period exceeding 60 days)

- The employee has filed a court complaint against an employer who has failed to secure employment of the worker (for example, in case of a business shutdown or if the business has been inactive for a period exceeding two months).

- The final ruling for a labour complaint referred to the labour court by MoHRE is in favour of the worker.

3 Feb 2019, 13:56

Thank you for the advice.

The company has threatened me that this will affect my future employment and will leave me hanging instead.

I tender my resignation in 2 weeks' notice because there's already an offer at the new company. I am not leaving if our salaries are on time.

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