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forced resignation uae labour law

Forced Resignation UAE Labour Law

    This article explains forced resignation UAE Labour Law and outlines employee rights if they are pressured to resign due to harassment or breach of contract.

    It also covers legal steps employees can take to handle the situation, such as filing a complaint or seeking compensation.

    Additionally, it highlights related legal services available from Al Mulla Lawyers & Legal Consultants for assistance in dealing with forced resignation cases in 2024.

    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.

    Addressing Forced Resignation UAE Labour Law

    In the UAE, forced resignation is when employees feel compelled to resign due to unbearable working conditions, harassment, or pressure from their employer.

    Although UAE Labour Law does not directly define forced resignation as a separate concept, it protects employees against unfair practices.

    This includes harassment and breach of contract, which may lead to resignation.

    Harassment as a Factor Leading to Forced Resignation

    UAE Labour Law explicitly addresses workplace harassment as a legitimate reason for an employee to resign without notice.

    According to Article 45, employees can terminate their contract without notice if the employer harasses, violates, or abuses them.

    In such cases, the employee has the right to leave the workplace immediately, and the employer could face legal consequences if proven guilty of such actions.

    Harassment includes physical, verbal, or psychological abuse, and the law ensures employees are protected in such circumstances.

    Although this does not explicitly term the resignation as “forced,” the employee is legally justified in leaving the job immediately without needing a notice period.

    Breach of Contract and Resignation

    Another situation that could lead to forced resignation is when an employer fails to fulfill their contractual obligations.

    As per Article 45 of the UAE Labour Law, if an employer breaches the employment contract terms, the employee is entitled to resign without notice.

    This includes delaying wages, failing to provide a safe working environment, or altering work conditions without consent.

    This scenario provides legal recourse to employees who might feel compelled to leave due to unfavorable work conditions, although the law does not explicitly term it forced resignation.

    Legal Recourse for Employees

    Employees who feel pressured into resigning due to harassment or breach of contract can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

    MOHRE will attempt to mediate between the employee and the employer to resolve the issue. If mediation is unsuccessful, the case can be referred to the courts.

    Article 47 of the Labour Law may apply in cases where the resignation is linked to employer misconduct, such as harassment or retaliation for a complaint.

    This article prohibits arbitrary dismissal and protects employees who have filed complaints against their employer.

    If proven, the employer may be required to compensate the employee, including a settlement of up to three months’ wages, alongside any other outstanding entitlements.

    Read about Wrongful contract termination and the New UAE labour law termination of contract.

    Legal Help for Forced Resignation in UAE

    Al Mulla Lawyers & Legal Consultants offer expert legal services to help employees navigate forced resignation UAE labour law. 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.

    Find expert Unfair Dismissal Lawyers in UAE.

    FAQs about Forced Resignation in UAE

    Forced resignation in UAE Labour Law refers to situations where employees feel compelled to resign due to harassment, pressure, or breach of contract by the employer. While the law does not define it directly, employees are protected under provisions addressing harassment and breaches, allowing them to resign without notice.
    Employees can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). If mediation fails, the case may be referred to court, where the employee may be entitled to compensation for unpaid wages, end-of-service benefits, and other entitlements.

    Conclusion.

    While the UAE Labour Law does not define forced resignation directly, the legal framework protects employees against harassment, violence, and contract breaches.

    All of these factors could lead to a resignation.

    Employees facing such circumstances can seek legal remedies, including compensation and protection of their rights through MOHRE and the courts.

    Employers must ensure compliance with these legal obligations to avoid disputes and potential penalties.

    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.

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