Resigning from work when out of UAE

A reader from Dubai asks: This question is on behalf of my sister-in-law who was working in Dubai for five years in the same company. Last November, she went on leave for two weeks and did not come back due to some reasons. She sent her resignation by email after the second week. The company did not respond to her mail. Right now, she is in the Philippines. She doesn’t want to go back to the UAE. Her visa is not yet cancelled by her previous employer. She will be out of UAE for almost six months and her work permit will expire in September. Does she need to send her passport to her previous employer to have it cancelled?

I would like to clarify to the questioner that when she resigned from work while she was outside the country, she has violated the Labour Law especially if her contract is for unlimited period and she notifies the employer. The employee has to work within the notice period and then hand-over his custody. The questioner in this case might lose the end-of-service gratuity. Besides, the employer might request the Ministry of Labour to impose a one-year ban or the questioner might not be able to enter the country once again. Therefore, if the questioner cannot return to the country, she has to send her passport to cancel her sponsorship.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.