Know the law: pending work no reason to reject resignation in UAE

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Intimidated by my manager, I submitted by resignation on December 3, 2017 by giving one-month notice period. He screamed at me and threw a water bottle, which almost hit my colleague. However, my employer has rejected my resignation and informed me that it will not be accepted unless I complete all pending jobs. I replied to them that I will finish the work as much as possible till the last day of my notice period. The employer was reluctant and told me to finish the work. Further, the employer has not approved my sick leave despite submitting a medical certificate. Are my employers allowed to do this?

Pursuant to your queries, an employer or an employee may terminate their employment contract by serving the other party a notice for termination of employment in accordance with the terms of the employment contract submitted to the Ministry of Human Resources & Emiratisation (MoHRE).

You have not mentioned if the duration of your employment contract is limited or unlimited. Further you have not mentioned the period of service with your current employer. However, it is assumed that you are employed under an employment contract of unlimited duration and your tenure with the employer is more than one year. If you are employed on an unlimited period of employment contract, you may resign from your employment by serving a notice period as mentioned in the employment contract.

This is in accordance with Article 1(II)2 of the Ministerial Order No. 765 of 2015 on Rules and Conditions for the Termination of Employment Relations, which states: "An employment relation between employer and employee may be terminated in the case of unlimited (not term-bound) contracts, an employment relation is terminated if one part acts, at any time, to terminate the contract subject to notifying the other party and continuing to honour contractual obligations for the duration of the notice period, which cannot be less than one month and cannot exceed three months."

Based on the aforementioned provision your employer cannot reject your resignation citing that you have to complete your work and only then that he will accept the resignation. In the event the employer does not accept your resignation letter on or beforeJanuary 3, you may file a complaint against your employer with the MoHRE.

An employee is eligible for sick leave as stipulated in Article 82 of the Federal Law No. 8 of 1980 regulating Employment Relations, which states: "Where an employee contracts an illness otherwise than as a result of an employment injury, he shall report his illness within a maximum of two days and the employer shall thereupon take the necessary steps to have him medically examined immediately for the purpose of verifying his illness."

Know the law

An employment relation is terminated if one part acts, at any time, to terminate the contract subject to notifying the other party and continuing to honour contractual obligations for the duration of the notice period, which cannot be less than one month and cannot exceed three months."

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates.