Employees in the UAE who are planning to resign and leave the country must be aware of the legal provisions regarding their full and final settlement and the process of exiting the country. According to Federal Decree-Law No. 33 of 2021, Cabinet Resolution No. 1 of 2022, and Federal Decree-Law No. 29 of 2021, employers in mainland companies must settle all financial dues owed to the worker within 14 days from the expiration date of the contract. This includes the employee’s salary and other compensation mentioned in the contract or by-laws of the employing establishment.
Additionally, employers must initiate the process of canceling the work permit of an employee with the Ministry of Human Resources & Emiratisation (MoHRE) as per the conditions outlined in Article 7 of Cabinet Resolution No. 1 of 2022. Moreover, individuals holding residence permits in the UAE must leave the country upon the revocation of their residency within the specified period mentioned in the visa cancellation document issued by the relevant authorities.
If an individual remains in the UAE after the cancellation of their visa or residency permit without renewing it, they will be subject to an administrative fine for each day they continue to reside illegally, as per Article 11 of Federal Decree-Law No. 29 of 2021. It is essential to change residency status within the grace period mentioned in the visa cancellation document to avoid any legal consequences.
Employers are required by law to pay the employee’s salary and end-of-service benefits within 14 days from the date of cancellation of their work permit. Failure to do so may result in the employee filing a complaint against their employer with MoHRE. It is important for both employees and employers to be aware of their legal rights and obligations when it comes to resigning and exiting the UAE.
Ashish Mehta, the founder and Managing Partner of Ashish Mehta & Associates, is qualified to practice law in Dubai, the United Kingdom, and India. Readers can reach out to him with their legal questions via email or mail. Staying informed about the latest legal regulations and processes is crucial for individuals navigating employment and residency matters in the UAE. It is advisable to seek legal advice and guidance to ensure a smooth transition when resigning and leaving the country.
