Workers are often faced with challenges in UAE’s strict working environments. These may lead them to consider resignation. In some cases, employees feel pressured to resign. The reasons can be different from case to case. Sometimes, it is due to unbearable working conditions. Other times, it could be harassment or breaches of their employment contract. This form of resignation is commonly referred to as “forced resignation”. This can leave employees uncertain about their rights and legal standing.
UAE labour law does not explicitly define “forced resignation”. However, it provides ample protection against workplace harassment, contract breaches, and other unfair practices.
This article will explore the:
- Key factors leading to forced resignation in the UAE.
- The legal options available to employees.
- How individuals can seek legal help when facing such situations.
What is Forced Resignation Under UAE Labour Law?
Forced resignation occurs when an employee feels compelled to resign. It happens because of conditions imposed by the employer. It makes continued employment unbearable. These conditions can include harassment and unjustified changes in job responsibilities. Sometimes, it is due to delayed salary payments or unsafe working environments. Although the term “forced resignation” is not mentioned in UAE Labour Law. Still, the law does protect employees who resign under such circumstances.
The UAE labour law offers specific provisions. They do so to protect employees from harassment and employer misconduct. Workers may be legally justified in resigning under these provisions. Without notice if they are subjected to abusive behavior. Similarly, if their employer fails to meet the obligations outlined in their employment contract.
Workers seeking to resign can go through the resignation letter in UAE samples. They are designed to meet the specific needs and circumstances of each worker thinking to resign
Harassment as a Cause for Forced Resignation
Workplace harassment is one of the most common reasons for forced resignation. Harassment can manifest in various forms, including:
- Physical abuse.
- Verbal insults.
- Psychological manipulation.
UAE labour law clearly outlines that victims of harassment or abuse workers have the right to resign. They don’t even need to face the penalty of a notice period.
Under UAE Labour Law’s Article 45, employees can terminate their contract immediately. No need to serve any notice if they experience such a situation. The form of harassment or abuse from their employer. This provision ensures that employees who face an unsafe work environment are not forced to endure mistreatment. Giving them a chance to seek legal remedies promptly.
The law recognizes that harassment can have severe impacts on oneself. It could have emotional, psychological, and even physical effects on employees. Therefore, the option of resignation as a protective measure is provided. Employees who feel harassed should not feel obliged to stay in a harmful environment. They are allowed by law to leave without the contractual obligation of serving a notice period.
If you’re working under a limited contract, learn about limited contract resignation in UAE here! The topic has been discussed in detail.
Breach of Contract Leading to Forced Resignation
This is another scenario caused by employers. Workers may feel compelled to resign when their employer breaches the employment contract terms. The UAE Labour Law imposes clear obligations on employers to fulfill the agreement terms. This can include timely payment of wages and maintaining a safe working environment. Lastly, ensure fair treatment by the contract.
According to the UAE Labour Law’s Article 45, if an employer fails to meet the employment contract terms, the employee has the right to resign without notice. Including situations where:
- The employer delays/withholds payment of wages.
- The employer fails to provide a safe working environment.
- The employer makes unjustified changes. Regarding the employee’s job duties/work conditions.
In such cases, an employee can resign and claim compensation for any unpaid wages. They can ask for end-of-service benefits and other entitlements as well. The law does not explicitly use the term “forced resignation”. But these circumstances effectively compel employees to leave their jobs. With no penalties for not serving a notice period.
The employers must face the case calmly and without reacting; they should pay the compensation as required. However, it is the equal responsibility of workers to deal with the matter wisely. Employers hiring the best talent that connect with the best to manpower top talent.
Legal Recourse for Employees Facing Forced Resignation in the UAE
Employees who are forced to resign due to harassment or contract breach have several legal avenues to explore. However, the UAE Labour Law provides mechanisms for employees. By using it, they assert their rights. They may seek compensation for damages caused by employer misconduct.
Filing a Complaint with MOHRE
The first step for an employee experiencing forced resignation is to file a formal complaint. They can complain to the Ministry of Human Resources and Emiratisation. MOHRE acts as a mediator in labor disputes. They work to resolve conflicts between employees and employers.
The ministry will investigate if an employee resigns under harassment or contract breach. If the mediation process is successful, the employee may receive a resolution. It could be in the form of compensation. Entitled to receive it without further legal action.
The UAE workers are provided with fair treatment in this scenario. But they are required to have the labor card UAE. They must be in hand to use for identification purposes during the job.
Court Proceedings for Compensation
Employees can take the case to court if mediation efforts through MOHRE fail. The UAE Labour Court has the authority to review claims related to:
- Forced resignation
- Harassment
- Breach of contract
They can award compensation for damages, unpaid wages, and others.
Protection Against Retaliation
Employees filing complaints against their employer are protected from retaliation, as per Article 47. Workers who resign due to employer misconduct are also included. In this case, employers are prohibited from taking retaliatory action. Wrongful termination or punitive measures can happen against employees who use their legal rights.
Employers may face legal consequences if they violate them. This entails compensating the employee for damages caused by their wrongful actions.
Legal Assistance for Forced Resignation Cases
UAE workers facing forced resignations can seek legal help from experienced lawyers. They can go for legal consultants specializing in labor law. It guide you throughout the process of filing a complaint. They support negotiating a settlement or pursuing court action.
Here are some ways legal experts can assist UAE employees:
Legal Advice: A legal consultant can explain the employee’s rights under UAE Labour Law. They advise on the best course of action.
Filing Complaints and Documentation: Legal professionals can assist in preparing the necessary documentation. They do so by filing complaints with MOHRE or taking the case to court.
Negotiation and Mediation: Lawyers can represent employees in negotiations with their employer to resolve the dispute amicably. This avoids costly legal proceedings.
Court Representation: Legal experts can represent employees if the case escalates to court. Guaranteeing they receive fair treatment with appropriate compensation.
Continued Support: Throughout the process, legal consultants provide ongoing support. Employees’ rights are protected at all stages of their case as a result.
RAAD Recruitment: Your Savior to Come Out from Forced Resignation in the UAE!
In the UAE labor law, “forced resignation” is not explicitly defined. Still, employees are provided with legal protections against such conditions. Related to harassment, breach of contract, and other unfair practices. Those employees facing such circumstances can seek legal recourse. Open to file complaints with MOHRE. Another way is to pursue court action to ensure their rights are upheld. As a result, they receive appropriate compensation. Difficult to understand all these technical and legal matters, right? Why not hire someone experienced like Raad Recruitment?
Raad helps employers understand their obligations under the law. This avoids situations that could lead to forced resignation claims. Resulting in penalties and legal consequences. Likewise, for employees facing such issues, RAAD’s consultation can provide expert advice. The RAAD’s team makes sure of a fair resolution between both parties! Reach out to RAAD, the leading emiratisation recruitment agency in UAE.
FAQs
- What is forced resignation in the UAE?
Forced resignation is a situation where an employee feels compelled to resign. They do so due to conditions like harassment or an employment contract breach. Although not explicitly defined in UAE Labour Law, employees are legally protected in such circumstances. They are open to resigning without facing penalties. - Can employees be compensated for forced resignation?
Employees who resign due to harassment or a breach of contract may be entitled to compensation. They can file a complaint with MOHRE. However, if mediation fails, the case can be taken to court for a potential settlement. This includes:
- Unpaid wages
- End-of-service benefits
- Other entitlements.
- How can employees file a complaint for forced resignation?
Employees can file a complaint with MOHRE. They will attempt to mediate between the employee and employer. The case may be referred to court if mediation fails. As a result, the employee may be entitled to compensation.
