Question: I plan to resign soon from my company that's based in mainland Dubai. Do employers in the UAE have to 'accept'/acknowledge resignation emails for the notice period to commence? Or does it automatically begin from the day the mail has been sent?
Response: Pursuant to your queries, it is assumed that you have completed your probation period as stipulated in your employment contract. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Employment Law’) are applicable.
In the UAE, an employer or an employee may terminate the employment contract by serving the stipulated notice period. This is in accordance with Article 43(1) of the Employment Law, which states: “Either party to the employment contract may terminate the contract for any legitimate reason, provided that the other party is notified in writing and work shall be performed during the notice period agreed upon in the contract, provided that such period is not less than (30) thirty days and not more than (90) ninety days.”
Based on the aforementioned provision of law, you could send your resignation from your personal email address or the official office one. Your notice period should commence from the date you have sent the email to your employer or as on the resignation date specifically mentioned in the subject of the resignation email even if your employer does not acknowledge it.
Alternatively, you may consider resigning from your employment by submission of a resignation letter in writing. Once you submit the resignation in writing in the form of a letter, it is prudent to obtain acknowledgement.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: firstname.lastname@example.org or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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