Dubai: While normally leaving your job in the UAE’s private sector requires you to serve a notice period of at least 30 to 90 days, did you know that in some situations, you may be legally entitled to quit without serving notice?
Article 45 of the UAE Labour Law, Federal Decree-Law No. 33 of 2021 lists out four cases where a worker may quit work without notice, while retaining his or her rights:
- Breach of obligation by employer – In cases where the employer has breached either one of their contractual or legal obligations, the employee should notify the Ministry of Human Resources and Emiratisation (MOHRE) 14 days before quitting their work. If, after the Ministry has been notified, and the employer fails to rectify the situation, despite being notified by the Ministry, the employee is legally entitled to quit without serving notice.
- Workplace assault or harassment – Another situation is when it has been proven that the employer or its legal representative assaulted the worker, committed violence or harassment against him or her at work, provided that the worker informs the competent authorities and MOHRE within five working days from the date on which he or she was able to report the incident.
- Dangerous working conditions – If there is a grave danger at the workplace that threatens the worker’s safety or health, the worker can quit without notice, provided that the employer is aware of the existence of said danger and does not take any action to remedy the situation.
- Being assigned work fundamentally different from your contract – If your employer instructs you to perform a work fundamentally different from the work agreed upon in the employment contract, without obtaining your written consent on the same, you may also be able to leave your job without the need to serve a notice. However, there are certain exceptions to this clause, mentioned in Article 13 of the UAE Labour Law.
What constitutes dangerous working conditions?
Article 26 of Cabinet Resolution No. 1 of 2022, lists out various circumstances that would constitute grave danger in the workplace, including the presence of a possible source of ignition, exposure to open electrical wiring that can cause electric shocks or death, presence of hazardous chemicals, or unusual temperatures that cause burns. Other circumstances include noise levels that may cause permanent hearing damage, radiation or biological hazards.
When you may be legally assigned work that is fundamentally different from your contract
Article 13 of the UAE Labour Law, clarifies that there may be some cases where a worker may be assigned work that “is completely different from the nature of his or her profession or academic qualification”.
For example, the Article states that a worker may be assigned work that is fundamentally different from the work contractually agreed upon between the two parties, if it is considered necessary, or to prevent an accident, or to repair damage caused by the worker.
However, the maximum amount of time such work may be assigned to the worker is 90 days per year.