What is Article 39 of the UAE labour law?

It stipulates the validity of indefinite duration contracts if it is: - Not written. - Not written for an indefinite period. - Written and formed for a specific period, the parties continue implementing it after its expiration without agreeing to extend it. - Written and formulated to perform a particular work for an unspecified duration.

What is Article 21 of the UAE labour law?

Article 21 of the UAE Labor Law mandates employers to obtain the following documents before hiring an employee: authenticated birth certificate, medical fitness certificate and written approval from a guardian or legal representative.

What compensation can an unfairly terminated employee receive?

The court may order the employer to pay compensation based on the job nature, damage extent, and years of service, capped at three months' salary. The employee also retains rights to end-of-service, notice compensation, and other outstanding entitlements.

What constitutes unjustified termination under UAE Labour Law?

Termination is unjustified if it's due to an employee filing a serious complaint or lawsuit against the employer, as per Article 47 of the Labor Law.

How to Handle Forced Resignation UAE Labour Law

Forced resignation UAE Labour Law happens when an employer causes workers to leave or unfairly ends the agreement without justifiable grounds.

Our article will discuss how to handle this situation in detail and answer some of the most common questions.

Contact Al Mulla Labor Lawyer in Dubai. Click the WhatsApp icon below or go to the Contact Us page. Locations: Dubai, Abu Dhabi and Ras Al Khaimah.

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Handling Forced resignation UAE labour law

The UAE labour law outlines legitimate reasons for ending employment.

However, according to Article 47 of the new Labor Law, termination of an employee’s service by the employer is unjustified if the termination is due to the following:

The employee filed a serious complaint against the employer with the Ministry of Human Resources and Emiratization.
The employee files a lawsuit against the employer, and the lawsuit is proven.

Suppose an employee feels that they have been unfairly terminated.

In that case, they can file a complaint with the Ministry of Human Resources and Emiratization to investigate the reasons for the termination and attempt to reach an amicable settlement between the employee and employer.

If the Ministry fails to resolve the issue amicably, it refers the case to the appropriate court.

Suppose it is found that the employee was terminated unfairly.

In that case, the court may order the employer to pay compensation to the employee based on the nature of the job, the extent of damage to the employee, and their years of service.

The compensation amount cannot exceed the employee’s salary for three months, based on their last official wage.

In addition to compensation, the employee retains the right to receive end-of-service and notice compensation and any other entitlements the employer owes.

Legal Help for Forced Resignation in UAE

Al Mulla Lawyers & Legal Consultants offer expert legal services to help employees navigate forced resignation cases. Our team can assist you in several ways:

Legal Advice: Provide clear and concise legal advice regarding your rights and the best action.
Documentation and Filing: Assist in preparing and filing complaints with the Ministry of Human Resources and Emiratization.
Negotiation and Mediation: Represent you in negotiations with your employer to seek an amicable settlement.
Court Representation: If necessary, represent you in court to ensure you receive fair compensation and all due entitlements.
Continued Support: Offer ongoing support and advice throughout the process to ensure your case is handled efficiently and effectively.

We recommend you learn how to defend your rights with the best Employment Lawyers in Dubai. Also, read about Wrongful contract termination and New UAE labour law termination of contract.

FAQs about Forced resignation.

Contact Al Mulla Lawyers today! Click the Whatsapp icon below or visit our Contact Us page.
Find us at these locations:
– Dubai: Deira, Port Saeed, Street 8, City Avenue Building, Office 705-708.
– Abu Dhabi: Corniche Street, Golden Tower, Office 22.
– Ras Al Khaimah: Al Nakheel, Al Maamoura Building (Emirates NBD Bank Building), Fourth Floor.

Labor Lawyer

A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.