Resignation not accepted and visa cancellation delayed!
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Imran from Dubai asks: I have resigned from the job as I have new offer from a company. I have given my resignation letter to HR and my manager, but they have not replied to me. What should I do? I think they are delaying my resignation acceptance purposely and I am afraid whether I will lose the opportunity. Can you let me know the procedure?
I have often come across such tactics employed by companies and HR. According to the question, it might be noticed that you are required to serve a notice period just if your labour contract is of Unlimited Period. Should you be working under a unlimited period contract, you may terminate your employment contract on notice of 30 days. This is as per the arrangements of Article 117 of the Federal Law No. 8 of 1980 of UAE Labour Law which mentions:
“Both the employer and the worker may terminate a contract of employment of unlimited duration for a valid reason at any time following its conclusion by giving the other party notice in writing at least 30 days before the termination.”
In any case, should you be under a limited period contract, you may terminate the employment agreement without an earlier notice period, but you may need to compensate your company for a sum up to 45 days of your compensation. This is as per arrangements of Article 116 of the Labor Law which states, “Where an agreement is denied by the specialist for reasons other than those predefined in article 121, he might be required to repay the business for any partiality the last maintains accordingly; gave that the measure of pay should not surpass a large portion of the laborer’s compensation for three months or the leftover time of the agreement, whichever is shorter unless the agreement contains an arrangement actually.”
You are eligible for gratuity (EOSB) as per Article 132, which peruses, “Where a specialist who has finished a time of at least one years of nonstop administration might be qualified for severance pay on the end of his business. The times of nonattendance from work without pay should not be incorporated into figuring the time of administration. The severance pay should be ascertained as takes after:
1) 21 days’ compensation for every time of the initial five years of administration.
2) 30 days compensation for each extra year of administration, gave that the total measure of severance pay should not surpass two year’s compensation.”
It ought to be noticed that gratuity is calculated on basic pay. In the case your manager does not acknowledge your resignation, you may approach the Ministry of Labor and document a grievance. against your company.
Companies and HR usually use delay tactics in order for employees to change their minds. But such tactics are illegal. Sometimes the delays are done due to jealousy and vengeance. Companies can not stop employees from resigning. I have also observed that after the resignation is accepted, companies delay cancellation of visa in many cases citing reasons of Immigration department delays. Please note that visa cancellation takes no more than 1 day to get done. Usually visa cancellation is done within minutes after the PRO of your company has reached the immigration counter. But note that all the cancellation procedure has gone online at the immigration systems and your PRO does not need to go physically to the immigration department.
Here is a brief procedure for employment visa cancellation:
- Your HR representative or PRO visits Tasheel Centre;
- Types cancellation of labour contract form;
- Cancellation form submitted;
- Approved by Immigration and notification sent to company;
What steps to take to make sure your HR accepts your resignation?
- Read the UAE Labor Law and understand various aspects of Limited Contract and Unlimited Contract;
- Make a formal request for resignation: Before resigning formally, discuss your resignation matter with your immediate boss. After the discussion, type a formal resignation letter in a physical copy as well as email the scanned copy to your line manager keeping HR in the CC. This is to make sure that you document the resignation time and date. If there is no response within a day, send a follow up email and inquire about the status of your resignation acceptance through a follow up email directly to your HR with CC to your manager;
- If despite your follow up, the HR has not accepted your resignation, you may approach Ministry of Labour to file a formal complaint. You may contact them in person, online or through their call centre.
I hope this has been helpful to you. If you have further queries, please comment.
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