How soon must employer give full, final payment to employee after resigning?
How long does it take for an employer to pay a resigning employee in full and final?
When a person leaves their job, is it necessary for them to immediately leave the country?
Question: Next month, I intend to resign and depart from the UAE. From a legal standpoint, how quickly do companies need to pay the full amount? When I officially leave my position, how quickly must I leave the country?
Your questions lead us to believe that you work for a company on the mainland, so we will respond accordingly. Accordingly, the following laws and decrees are applicable: Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, and Federal Decree-Law No. 29 of 2021 Regarding Entry and Residence of Aliens.
Within fourteen days after the contract's expiration date, the employer is required by Article 53 of the Employment Law to pay the worker any outstanding balances. The employee's salary and any other compensation specifically stated in the contract are part of these dues. This will also be detailed in any applicable resolutions or bylaws of the contracting entity or the place of employment.
Section 53: Final Payment of Employee Benefits at Contract Termination
Within fourteen days of the contract's end date, the employer is required to pay the worker his wages and any other benefits specified in the contract, resolutions enacted to enforce it, or the business's bylaws.
Also, the requirements, guidelines, and processes for issuing, renewing, and cancelling work permits are laid out in Article 7 of Cabinet Resolution No. 1 of 2022. According to Article 7(3) of the Cabinet Resolution No. 1 of 2022, which states, "Procedures for cancelling work permits: ", an employer is required to notify the Ministry of Human Resources & Emiratisation (MoHRE) of their intention to cancel an employee's work permit.
a. Only through the methods designated by the Ministry may a request to revoke a work permit be submitted:
b. Including all necessary information and documents in the completed form.
c. If there were fines for late or non-renewal work permit issuance, payment of those fines was due.
d. Recognition of the worker's entitlements by the establishment.
e. Any additional terms decided upon by the Minister or his designee.
Also, per the 1973 Federal Law No. 6 on Immigration and Residence (as amended), Article (19), The individual is required to vacate the premises upon the revocation of his residency, as stated in Federal Decree-Law No. 17 of 2017 and Laws 7 of 1985 and 13 of 1996, respectively, as follows:
The requirements of this Article (11) shall apply to foreign nationals who have obtained a residence permit. When his residency permit is revoked or his term ends, they are required to depart the country.
Also, the Federal Decree-Law No. (29) of 2021 Regarding Entry And Residence Of Aliens lays out the repercussions for people whose visas or residency permits have been revoked or have expired without being renewed in Article 11. It says that there will be an administrative fine for every day someone stays in the country illegally after their visa or residency permit has been revoked or expired.
"Article 11. Expiration and Cancellation of Residence Permits or Visas"
If an alien's visa or residence permit is cancelled or whose validity has expired, and they do not renew (if allowed) or do not leave the state within the time limits set by the Executive Regulations of this Decree-Law, they will be fined administratively for each day they remain illegally in the state as of the date these periods expired. The amount of the fine will be decided by the Council of Ministers.
Just so you know, even if your UAE residence visa gets revoked, you can still stay in the country for as long as the cancellation notice specifies. In the United Arab Emirates, this document is issued by the Federal Authority for Identity, Citizenship, Customs & Port Security (ICP) or the General Directorate of Residency & Foreigners Affairs (GDRFA) in Dubai. It serves as a residency cancellation document.
Your ability to remain in the UAE following the revocation of your work visa and residency visa is contingent upon the aforementioned legal requirements. Verify that you have the necessary time to change your residency status before the expiration date on your UAE residency visa.
The same holds true for your employer; per the law, they must pay your salary and end-of-service benefits no later than 14 days after your work permit is cancelled.
If your employer fails to settle your outstanding balance within 14 days of your work permit cancellation, you have the option to file a complaint with the Ministry of Human Resources and Employment (MoHRE).
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