Resignation and termination side by side
| You resign | Employer ends it (with notice) | Dismissed without notice (Art. 44) | You quit without notice (Art. 45) | |
|---|---|---|---|---|
| Gratuity | Yes (after 1 year) | Yes (after 1 year) | Yes. The law does not take it away* | Yes, with your rights kept |
| Notice | You give 30-90 days | You receive 30-90 days | None | None |
| Notice pay | You owe it if you do not serve the notice | Owed to you if not served | No | No |
| Unused leave | Paid (basic) | Paid (basic) | Paid (basic) | Paid (basic) |
| Paid within | 14 days | 14 days | 14 days | 14 days |
*The employer may deduct amounts you owe under the law or a judgment (Article 51(7)). Article 44 itself does not cancel the gratuity.
The one case where resignation can still cut gratuity: service under an old unlimited contract from before 2022 (Article 68(3)). See limited vs unlimited contract.
When the employer may dismiss you without notice (Article 44)
Only after a written investigation, with a written, reasoned decision, and only for reasons the law lists, for example:
- forged certificates or a false identity
- a mistake causing gross losses, reported to MOHRE within 7 working days
- breaking written safety rules you were told about
- not doing your basic duties after a written investigation and two warnings
- disclosing a work secret
- being drunk or under drugs at work
- assault at work
- absence without a valid reason for more than 20 days in a year or 7 days in a row.
When you may quit without notice and keep your rights (Article 45)
- The employer breaks its obligations and does not fix it although MOHRE told it to. You notify MOHRE 14 working days before.
- The employer assaults or harasses you. You report within 5 working days.
- A grave danger at work that the employer knows of and does not remove.
- You are made to do work fundamentally different from your contract without your written consent.
Unfair dismissal
If you are dismissed because you filed a serious complaint with MOHRE or a valid lawsuit against the employer, the dismissal is unlawful. A court can award compensation of up to 3 months of your last wage, on top of your notice pay and gratuity (Article 47).
- 1Ask for the dismissal in writing
- 2Check the reason against Article 44
- 3Work out what you are owed
- 4Complain to MOHRE within the time limits
Work out your final settlement →
This is an estimate under the published law, not legal advice.
Questions people ask about resignation and termination
Do I lose my gratuity if I resign? No, not under the current law. The only exception is service under an old unlimited contract (Article 68(3)).
How much notice must I give when I resign? What your contract says, at least 30 and at most 90 days (Article 43). Leaving without it means you owe notice pay.
Am I still employed during my notice period? Yes. The contract stays valid until the notice ends, and you are paid your full wage for it (Article 43(2)).
Is termination without notice legal? Only for the reasons in Article 44, after a written investigation and a written decision.
Sources
- Federal Decree-Law No. 33 of 2021 (u.ae), Articles 43, 44, 45, 47, 51, 53 and 68
- Gulf News: how gratuity is calculated under the new law