Can Employers Refuse to Accept an Employee’s Resignation in the UAE? Labour Law Clarifies Workers’ Right to End Employment

Under UAE labour law, an employer cannot refuse to accept an employee’s resignation or compel the employee to continue working after the resignation has been submitted. The law recognises the right of both employers and employees to terminate an employment relationship, provided the procedures and notice requirements stipulated in the law and the employment contract are followed.

Employees who intend to resign are advised to submit their resignation formally through official channels such as the company’s work email or internal HR system. This ensures that there is documented evidence of the resignation, which can be important if disputes arise later regarding the employee’s absence or termination of employment.

The legal framework governing employment relationships in the UAE is set out in Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations, which outlines the rights and obligations of both employers and employees.

According to Article 42 of the law, an employment contract may be terminated at the request of either party. This means that both the employer and the employee have the legal right to end the contractual relationship, provided the termination complies with the provisions of the law and the terms agreed upon in the employment contract.

The law also addresses the notice period that must be observed when terminating employment. Article 43 states that either party may terminate the employment contract for a legitimate reason by notifying the other party in writing and serving the agreed notice period. The notice period must not be less than 30 days and not more than 90 days, depending on what has been agreed in the contract.

In practice, this means that once an employee submits a written resignation and continues to work during the notice period, the employer cannot legally reject the resignation and require the employee to remain in the job indefinitely. The resignation takes effect once the notice period has been completed in accordance with the contract.

The law also contains provisions designed to protect employees from coercion in the workplace. Article 14 explicitly prohibits employers from using force or threats to compel a worker to continue working or to provide services against their will. This includes threatening penalties, imposing pressure, or attempting to force an employee to remain in employment after they have chosen to resign.

Concerns sometimes arise when employers warn employees that they may be marked absent or reported for absconding if they stop attending work after submitting a resignation. However, if the resignation has been formally submitted and the employee complies with the contractual notice period, such threats generally have no legal basis.

Employees should therefore ensure that resignation notices are submitted in writing and that they continue to fulfil their duties during the notice period unless both parties agree to a different arrangement. Proper documentation and compliance with contractual terms help avoid disputes and ensure that the termination of employment proceeds in accordance with UAE labour regulations.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.