2023-08-21 07:40:00
ABU DHABI: There is confusion among expatriates regarding how long they can stay in the country if they are fired or decide to resign from a company in the UAE. Legal experts explain that even if the employer cancels the work permit from the government records, one can remain legally in the country until two months have passed following leaving the job.
The provisions of Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Law No. 33 of 2021 on the Regulation of Labor-Employer Relations shall apply here. The law requires the employer to first cancel the employee’s work permit upon dismissal or resignation.
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The guidelines of the UAE Ministry of Human Resources and Emiratisation state that there are different procedures to be followed for canceling a work permit. Application for cancellation of work permit should be made through official channels specified by the Ministry. Necessary documents should also be attached along with this. Pay penalty for delay or non-renewal of work permit. An affidavit from the organization stating that the dues to the employee have been paid should also be submitted along with this. Once this is done, the employer can cancel one’s residence visa.
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There is a 60-day grace period if the UAE residency visa is cancelled, so staying in the country is not prohibited during this period. Either leave the country or change residency status before the deadline expires. If a new job is found in the meantime, the new employer can be asked to apply for a work permit and change residency status before the end of the grace period.
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It is illegal to work in the country on a visit visa. Working in the UAE is not permitted without a residency visa and a valid work permit. Hiring an employee without a work permit can face fines and deportation from the country. Hiring workers without a work permit will be fined between Dh50,000 and Dh200,000. There is also a provision that both the employer and the employee must sign the employment contract for it to be valid.
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