UAE labour law: What to do if your boss refuses to accept your resignation – wknd.

Tuesday, Jan 31, 2023 | Rajab 8, 1444
Published: Sun 21 Aug 2022, 10:00 AM
Last updated: Sun 21 Aug 2022, 10:38 PM
Question: I work in a Dubai-based company. I resigned on August 1, 2022, but my boss has not acknowledged it yet. How will my 30-day notice period work in this scenario? Does it start from the day I put in the papers? What happens if my boss refuses to accept the resignation?
Response: Pursuant to your queries, it is assumed that you are employed by a mainland company based in Dubai and you have completed your probation period as stipulated in your employment contract. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Employment Law’) are applicable.
In the UAE, an employer or an employee may terminate the employment contract by serving the stipulated notice period as stated in the contract. This is in accordance with Article 43(1) of the Employment Law, which states: “1. Either party to the employment contract may terminate the contract for any legitimate reason, provided that the other party is notified in writing and work shall be performed during the notice period agreed upon in the contract, provided that such period is not less than (30) thirty days and not more than (90) ninety days.”
Based on the aforementioned provision of law, as your notice period in the employment contract is 30 days, your notice period ends on August 30, 2022. Therefore, the notice period will commence from the date you have submitted your resignation letter.
It is recommended that prior to the submission of the resignation letter, employees preserve its soft copy (electronic version) for further reference. Once the employee submits the resignation in writing in the form of a letter, it is prudent to send a soft copy through his/her personal email address. In your case, it is assumed that you have submitted your resignation in the form of a letter to your employer and the employer has not acknowledged the same till date. Therefore, you may re-submit your resignation or send an email to your employer, requesting acknowledgement.
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In the event your employer does not accept your resignation, you may file a complaint with the Ministry of Human Resources and Emiratisation.
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