Workplace Harassment: When UAE Employees Can Resign Without Notice While Preserving End-of-Service Benefits

The UAE Labour Law provides important legal protections for employees who experience harassment in the workplace, allowing them to resign immediately without serving the contractual notice period in certain circumstances while retaining their end-of-service benefits. However, employees must comply with specific procedural requirements, and claims for compensation or unfair dismissal are governed by separate legal provisions.

Under Article 45(2) of the Federal Decree-Law regulating labour relations, an employee who has been assaulted, subjected to violence or harassed at work by the employer or the employer's legal representative may terminate the employment relationship without notice while preserving all statutory end-of-service rights. This protection is intended to ensure that employees are not compelled to remain in an abusive or hostile working environment merely to safeguard their employment benefits.

The law, however, requires employees to take timely action. To rely on this provision, the employee must report the incident to the competent authorities and the Ministry of Human Resources and Emiratisation within five working days from the date on which they were able to make the report. Failure to comply with this requirement could affect the employee's ability to rely on the legal protection available under Article 45.

While employees may resign immediately following proven workplace harassment, such circumstances do not automatically amount to arbitrary dismissal under UAE law. Article 47 of the Labour Law specifically limits claims of arbitrary dismissal to situations where an employer terminates an employee because the employee has lodged a serious complaint with the Ministry or initiated legal proceedings against the employer, provided the complaint or legal claim is subsequently found to be valid.

Employees who have suffered harassment may nevertheless pursue compensation through the courts. In such cases, the burden of proof rests on the employee, who must establish that the alleged harassment occurred and that it was committed by the employer or the employer's legal representative during the course of employment. Documentary evidence, witness testimony or other admissible material may be relied upon to substantiate the claim.

Ultimately, the court will evaluate the evidence presented and determine whether the circumstances justify an award of compensation. The decision will depend on the facts of each case, the credibility of the evidence and whether the legal requirements under the UAE Labour Law have been satisfied.