Your Employment Your employer cannot cancel your work permit until you receive all your outstanding dues
Unexpected job loss can be a stressful experience. However, the UAE Labour Law offers provisions to ease the transition and assist you in securing new employment. Let's explore the key benefits available under Federal Decree-Law No. 33 of 2021:
Notice Period or Compensation: Both the employer and employee are obligated to provide written notice (30 to 90 days) before terminating the employment contract (Article 43). If your employment is terminated, you are entitled to receive your full salary during this notice period, unless mutually waived.
Interview Time Off: During your notice period, you are entitled to take one unpaid day off per week to attend job interviews. Simply inform your employer three days in advance (not covered under Article 43).
End-of-Service Dues and Work Permit:Your employer cannot cancel your work permit until you receive all your outstanding dues (salary, gratuity, etc.) within 14 days of termination. You have the right to file a labour complaint if your gratuity payment is delayed.
Involuntary Loss of Employment (ILOE) Support: If you have been subscribed to the ILOE scheme for a minimum of twelve consecutive months, you are eligible to receive 60 per cent of your basic salary for three months after job loss. Ensure you file your claim within one month of termination.
Experience Certificate: You are legally entitled to an experience certificate from your previous employer. This stamped document issued by the Ministry of Human Resources and Emiratisation (MoHRE) details your job title, salary, and years of service. You can obtain it instantly through the MoHRE app if not provided by your employer.
Obtaining Your Experience Certificate Through the MOHRE App
Download and Installation: The MoHRE app is available for free download on the Apple App Store and Google Play Store. Install the application on your smartphone.
Account Creation: Launch the MoHRE app and select "Sign Up." Choose the "Employee" option and register using your Emirates ID number, passport number, or labour card number.
Service Location: Once logged in, navigate to the services section. This may be labelled "Show All" or a similar option. Locate and select "Employment History Certificate" from the list of services.
Request and Download: Follow the on-screen instructions after selecting "Employment History Certificate." Your official and stamped experience certificate will be generated immediately. You can then choose to save it to your phone or send it directly to someone's email address.
Visa Grace Period: Following work permit cancellation, you are granted a grace period (approximately one month) to regularise your immigration status. This allows you the opportunity to apply for a new visa if you intend to remain in the UAE (e.g., through a new employer).
Repatriation Ticket: If you are departing the UAE, your employer is responsible for covering the cost of your repatriation ticket back to your point of hire or a mutually agreed-upon location. This excludes situations where you find a new job in the UAE or were terminated for misconduct (Article 13(12)).
The UAE law offers significant protections for employees, covering various essential aspects. If you want to explore more about these protections, you can check out this link.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
