Requested to resign after seven years of service. What are my rights?

Dear Questioner,

Thank you for your inquiry!

In response to your inquiry regarding your current employment situation and the request for you to resign after more than 7 years of service, please find below an overview of your rights and the relevant legal framework under UAE Labor Law.

1. Garden Leave:

Your employer is within their rights to place you on garden leave during your notice period, as long as the notice period and salary payments are in accordance with your employment contract. Garden leave means you remain employed but are excused from your regular job duties.

2. Notice Period:

If you are asked to resign, your employer is still obligated to honor the notice period as specified in your contract. Typically, for employees with 5+ years of service, the notice period is one month, but this may vary depending on your contract.

During the notice period (whether on garden leave or otherwise), you are entitled to your regular salary and benefits.

3. End-of-Service Benefits:

As you have served more than 7 years, you are entitled to end-of-service benefits in accordance with UAE labor law. These are typically calculated as follows:

- 21 days of salary for each year of service for the first five years.

- 30 days of salary for each year of service thereafter.

This amount will be due to you once your employment officially ends, and your employer is obligated to pay it.

4. Resignation vs. Termination:

While your employer is asking you to resign, please note that if your resignation is not truly voluntary (i.e., you feel forced or under pressure), it could potentially be considered as constructive dismissal, which could entitle you to further compensation or legal recourse.

In any case, since you are on garden leave, you should still receive your salary and benefits for the duration of your notice period, and your end-of-service benefits should remain intact.

5. Non-Compete and New Employment:

Be mindful of any non-compete clauses in your employment contract, which may limit your ability to join a new employer during your notice period or after the employment ends. It is advisable to review the contract in this regard.

6. Next Steps:

If you believe that your employer is not acting in good faith, or you feel that the terms of your resignation are not fair, it may be in your best interest to consult with a labor lawyer to ensure that your rights are fully protected.

Please do not hesitate to reach out if you need further clarification or assistance on this matter. I would be happy to discuss the next steps with you in greater detail if needed.

Best regards,

Mohammed Salah

Legal Consultant

- Salary: You should receive your full salary and benefits during the garden leave period.

- End of Service Benefits: After 7 years, you’re entitled to gratuity based on your contract.

- Notice Period: If your contract specifies a notice period, you must be paid for it, even while on garden leave.

- Rights Protection: If pressured to resign, you may have a case for constructive dismissal and should consult a lawyer.

For assistance, contact us.

Ask your employer in writing for the specific reason why you are being asked to resign. This is crucial for establishing whether it's a genuine resignation or constructive dismissal.

Apart from that, you are entitled to the notice period specified in your employment contract or as per UAE labor law (whichever is longer).

Garden leave is a form of notice period where you are paid but not required to work. After 7 years of service, you are entitled to an end-of-service gratuity as per UAE labor law.

The calculation of this gratuity depends on your contract type (limited or unlimited) and your salary.

We will discuss everything in detail. Kindly share your WhatsApp number to discuss this further.

In this case, dear, you can request the end of your service and a 3-month unfair dismissal allowance, i.e. 3 months’ salary, and if you have a balance of vacations, with a certificate of experience.

If your employer is asking you to resign rather than terminating you, it is important to understand your rights.

In UAE labor law, resignation is considered a voluntary action, meaning you may lose certain entitlements that you would otherwise receive if terminated.

However, after 7 years of service, you are entitled to end-of-service gratuity, notice period salary, and any accrued benefits (such as pending leave).

If you feel pressured to resign or are unsure whether you are receiving all your legal entitlements, I strongly recommend reviewing your employment contract and company policies. I have successfully assisted clients in similar situations to ensure they receive their full legal rights.

Please reach out to me via WhatsApp or phone at [-----------] so we can discuss your case in detail and explore the best course of action for you.

Best regards,

Suhail Rana

Greetings,

If you are being asked to resign instead of being terminated, it is important to understand your rights:

- Resignation vs. Termination: Resigning voluntarily may affect your end-of-service benefits and potential compensation. Ensure you are not pressured into resigning if you prefer to be terminated.

- Garden Leave Entitlements: During your notice period, you are still entitled to full salary and benefits.

- End-of-Service Benefits (EOSB): After 7+ years of service, you should receive 30 days’ basic salary per year for the full-service period.

- Unfair Treatment: If you feel forced to resign, you may have legal grounds to claim unfair dismissal compensation.

To fully assess your rights and explore your legal options, book a consultation with us today! We can also represent you if legal action is required.