This article provides a comprehensive guide for employees in the UAE who are facing difficulties with their employers not accepting their resignation. Under UAE Labour Law, employees have the right to resign at any time, provided they comply with contractual and legal notice periods. Despite this, some employers may delay or refuse to accept resignations, leading to legal and professional challenges for the employee. The article explains the importance of reviewing your employment contract, submitting a formal resignation letter, and maintaining clear documentation. It also outlines the steps to take if internal communication fails, including escalating the matter to the Ministry of Human Resources and Emiratisation (MOHRE) and, if necessary, seeking legal action through the labor courts. By following the guidance provided, employees can ensure their rights are upheld and navigate the resignation process smoothly. Practical tips, legal insights, and frequently asked questions are included to support employees throughout the process.
Introduction: Understanding Your Right to Resign
In the dynamic and fast-paced job market of the United Arab Emirates (UAE), employee mobility is common. Professionals often seek new opportunities, whether for career advancement, personal growth, or lifestyle changes. However, one situation that can cause significant stress and confusion is when an employer refuses to accept an employee’s resignation. If you find yourself in this position, it is essential to know that UAE labor law is designed to protect employee rights, including the right to resign. This article offers a detailed, step-by-step guide to help you understand the legal framework, evaluate your position, and take the appropriate action to ensure your resignation is respected and processed in accordance with the law.
This blog is a part of our Understanding Labour Laws in the UAE: A Comprehensive Guide blogpost.
Employment Contracts in the UAE
Before taking any steps, it’s crucial to examine the terms of your Ministry of Human Resources and Emiratisation (MOHRE) employment contract, as it forms the legal foundation of the relationship between you and your employer.
Most employment contracts in the UAE include:
- Duration of employment term
- Resignation procedures
- Required notice period
- Any specific conditions attached to resignation
Understanding your contract will help determine whether you are following the correct process. If you comply with the resignation terms set out in your contract, your employer cannot legally reject your resignation.
Can an Employer Legally Reject a Resignation?
Under the UAE Labour Law (Federal Decree Law No. 33 of 2021), an employee has the right to resign at any time, as long as the terms of the employment contract and legal notice period are adhered to. Therefore, unless you are in breach of contract (e.g., resigning without serving the notice period), the employer cannot lawfully reject your resignation. Any attempt to force you to stay or to ignore your resignation could be considered a violation of labor laws and employee rights.
However, employers might refuse to acknowledge a resignation under circumstances such as:
- Employee being in a critical role
- Outstanding dues or financial obligations
- Internal disputes
Even so, these are not legal grounds for rejecting a resignation when the employee has fulfilled the contractually and legally required procedures.
What To Do If Your Resignation Is Not Accepted
Review Your Employment Contract
Begin by reviewing your employment contract carefully. Pay close attention to:
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- Notice period duration
- Method and format of resignation
- Exit obligations
- Clauses related to probation (if applicable)
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Submit a Formal Written Resignation Letter
If you haven’t already done so, submit a formal resignation letter that clearly states:
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- The date of submission
- Your last working day (as per the notice period)
- A polite and professional explanation for your resignation
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Email is preferable as it provides a record of delivery, and you may also consider delivering a hard copy to HR or your supervisor.
Communicate Professionally
If your employer ignores or refuses the resignation, send a follow-up email referencing the earlier letter and restating your intention to leave. Keep all communications on record.
Approach HR or Higher Management
In larger companies, the HR department is typically responsible for handling resignations. If your immediate supervisor or manager is not cooperating, escalate the matter to HR or senior management. Request a written acknowledgment of your resignation.
Filing a Complaint with MOHRE
If your internal efforts to resolve the situation are unsuccessful, the next step is to file a complaint with the MOHRE. MOHRE oversees labor relations and employee rights in the private sector.
How to File a Complaint:
- Contact MOHRE via their call center (800 60) or website
- Visit a typing centre or MOHRE office to file a formal complaint
- Provide all supporting documents (employment contract, resignation letters, email exchanges, etc.)
MOHRE will usually contact the employer to resolve the matter amicably. If not resolved, the issue may be escalated to the Labor Court.
Legal Action and Labor Court Proceedings
In cases where the employer continues to reject your resignation unlawfully or retaliates against you (e.g., withholding final salary, blocking visa cancellation), legal recourse is available.
You may consider:
- Engaging a labour lawyer to advise and represent you
- Filing a case before the Labour Court
- The court can order your employer to:
- Acknowledge your resignation
- Pay outstanding dues
- Cancel your visa
- Provide a release letter or experience certificate (if appropriate)
Potential Consequences for the Employer
Employers who violate UAE labor laws may face:
- Fines and penalties under MOHRE guidelines
- Legal liability for breach of contract
- Damage to business reputation and compliance records
- Suspension from recruiting new employees
If an employer is found to have deliberately obstructed an employee from resigning lawfully, the court may even order compensation to the employee.
Common Reasons Why Employers Refuse Resignations
Though unlawful, employers may resist resignations for reasons such as:
- Key Employee Dependency: Belief that the employee is indispensable to the company’s operations.
- Unresolved Disputes: Including pending leave settlements, unpaid commissions, or disciplinary actions.
- Short Notice Period: Claims that the employee has not provided adequate notice or wants to leave immediately.
- Business Continuity: Pressure due to high workload, urgent projects, or lack of a replacement.
None of these justify rejecting a resignation if the employee has complied with the contract and labor law.
What to Expect After a Proper Resignation
If you follow the proper resignation procedure, you are legally entitled to:
- Serve your notice period
- Receive your final settlement, including:
- Unpaid salary
- End-of-service gratuity
- Unused annual leave encashment
- Obtain your experience certificate (upon request)
- Have your residence visa cancelled properly
You are also required to:
- Return company property
- Complete handover processes
- Exit professionally and respectfully
Additional Tips for a Smooth Exit
- Start documenting early: Keep records of emails, letters, and meeting summaries.
- Serve your notice period professionally: Even if you face resistance, maintain a high standard of conduct.
- Be proactive with HR: Ensure they are involved early in the process.
- Request acknowledgment: Ask for written confirmation of your resignation and last working day.
Conclusion: Your Rights Are Protected
Navigating a resignation in the UAE should not be a daunting experience. Employees have a clear legal right to resign, and employers are obligated to respect that decision when made in accordance with the law and contractual terms. By understanding your rights, maintaining professional communication, and following proper procedures, you can ensure a smooth transition out of your current role. If internal resolution proves ineffective, government support and legal remedies are available. Staying informed and taking proactive steps will help protect your interests and ensure a respectful and lawful exit from employment. If you are facing difficulties with your resignation or need legal guidance, feel free to contact ATB Legal for confidential advice tailored to your case.
