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OFW Guide: 4 cases when employees can leave work without notice in the UAE

In the United Arab Emirates, expatriates may be banned to work for a year if they leave their jobs without a lawful reason before the end of their contracts.

According to Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations or the Employment Law, an employee must submit a written notice of a minimum of 30 days and a maximum of 90 days as agreed in the employment contract to leave a job.

An employer may also issue a report to the Ministry of Human Resources and Emiratisation (MOHRE) if an employee is absent for seven consecutive days without a lawful reason, given that the employer has no knowledge of the worker’s location and no means of reaching them.

Article 45 of the Employment Law states four instances that allows employees to leave a job without serving a notice period:

  1. Employee’s rights were violated

“Breaching of his obligations towards the employee stipulated herein, this Decree-Law, or the decisions issued in implementation thereof by the employee, provided that the employee notified the Ministry 14 working days prior to the date of leaving work without removing the effects resulting from this breach by the employer despite being notified by the Ministry.”

article 45.1

  1. Employee was assaulted by the employer

“It is established that the employer or his legal representative assaulted the employee or subjected to violence or harassment during work, provided that the employer informs the relevant authorities and the Ministry within five working days as of the date he notice.”

article 45.2

  1. Employee’s safety or health was at risk

“If a serious danger in the workplace threatening the safety or health of the employee provided that the employer known the same, and no measures was taken by the employee for purpose of indicating its removal. The Executive Regulations of this Decree-Law shall specify the controls for grave danger.”

article 45.3

  1. Employee was asked to perform a substantially different job from what was agreed in the contract

“Assigning the employer to the employee for implementing the work which is fundamentally different from the work agreed upon under the employment contract, without the employee’s written consent, except for cases of necessity in accordance with the provisions of Article No. 12 of the Decree Law.”

article 45.4

In these cases, the employee can quit work without notice while retaining his rights upon end of service.

Tricia Gajitos

Tricia is a reporter at The Filipino Times. She was a TV News Anchor for Eurotv News and Golden Nation Network and a Multimedia Reporter for BusinessWorld. She is passionate in bringing in the latest updates and inspiring stories to the Filipino and international readers of The Filipino Times. Got some leads or tips? Reach Tricia on Facebook: www.facebook.com/triciagajitos or send your story at: [email protected]

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