Can I sue my employer for constructive dismissal in the UAE? UAE labor law has no claim called constructive dismissal. If your employer’s breach forces you out, Article 45 of Federal Decree-Law No. 33 of 2021 is the specific route for leaving without notice while keeping your end-of-service entitlements, and only if you follow the steps it sets.
It is not the only legal basis for a dispute with an employer. Unpaid wages and other dues can be claimed through MoHRE under Article 54, resignation with notice follows Article 43, and Article 47 covers one kind of unlawful termination. For the wage-recovery issue on construction projects, read our guide to unpaid wages in construction in the UAE.
You do not sue first. The route starts with the Ministry of Human Resources and Emiratisation (MoHRE), and the government’s
page on terminating employment contracts sets out the rules.
This guide covers private-sector employees under the federal law. Other rules can apply to domestic workers, government employees and zones with their own employment laws.
When You Can Leave Without Notice
Article 45 lists four situations, each with its own conditions.
| If Your Employer | Condition | Article |
|---|---|---|
| Fails to meet its contractual or legal obligations, such as paying wages | You must notify MoHRE 14 working days before the date you quit, and the employer must fail to put the breach right after MoHRE tells it | 45 |
| Assaults or harassment at work | You must inform the competent authorities and MoHRE within 5 working days from the date you were able to report. | 45 |
| Orders you to do work fundamentally different from your contract, without your written consent | Not applicable in cases of necessity under Article 12 | 45 |
| Fails to remove factors that put your safety or health in grave danger, despite knowing of them | The Executive Regulation (Cabinet Resolution No. 1 of 2022, Article 26) describes the circumstances. | 45 |
If you meet the conditions, you keep your end-of-service entitlements. Under the Executive Regulation, you can also work for another employer where the contract ends under Article 45 (Article 27).
What Can Go Wrong If You Leave Without Following the Steps?
Leaving without the right steps carries risks.
- A party that does not serve the required notice must pay the other a notice-period allowance, even if no harm was caused (Article 43).
- A foreign worker who is absent without a legitimate reason before the contract ends cannot get another work permit in the UAE for one year from the date of the absence, and no employer who knows of it may employ him (Labour Law, Article 50).
- During probation, a foreign worker who leaves the UAE without following the notice rules is refused a work permit for one year from leaving (Article 9).
So keep working, or keep records of why you could not, while the MoHRE process runs. Do not simply stop turning up.
What Compensation Exists
Article 47 compensation is narrower than many guides say. A termination is unlawful if it results from the worker’s serious complaint to MoHRE or a lawsuit against the employer that is proven valid. The court can then award compensation of up to three months’ wage, taking into account the type of work, the damage to the worker, and the length of service.
You can also claim gratuity, notice dues, and other unpaid dues. A resignation forced by an employer’s breach does not automatically attract Article 47. It depends on the facts, including whether the employer dismissed you in response to a complaint.
Claim Routes When Asking, “Can I Sue My Employer For Constructive Dismissal In UAE?”
The claim goes through MoHRE before the court. For the complaint procedure, see our guide on how to file a complaint against an employer in the UAE.
- Put your complaint to the employer in writing, and keep proof.
- Complain to MoHRE through its website or app. Notifying MoHRE of the breach is the step Article 45 requires before you quit.
- MoHRE tries to settle the dispute within 14 days. For claims up to AED 50,000, it decides the dispute, and its decision is enforceable. Either side can take it to the court of first instance within 15 working days, and that judgment is final (Article 54).
- If the claim is above AED 50,000 and there is no settlement, MoHRE refers it to the court. You then register the case with the court within 14 days of the referral.
- Judicial fees are waived for workers on claims below AED 100,000 at every stage.
A case for any right under the labor law is not heard after two years from the end of the employment relationship (Article 54(9), as replaced by Federal Decree-Law No. 9 of 2024, in force from 31 August 2024). Earlier guidance that speaks of one year from the date the right arose reflects the law before that amendment, and the amending law has no special rule for claims that arose before it came into force.
If you are thinking of leaving, you can send us your contract and payslips on WhatsApp or through the Contact Us page before you resign.
Evidence Worth Keeping
Collect proof of the breach and of your attempts to fix it.
- Your contract and every change to it, in writing.
- Payslips and bank statements that show unpaid or late wages.
- Messages and emails that show the breach and your requests to fix it.
- The MoHRE complaint reference and every notice you received from MoHRE.
- Reports to the police or authorities, with dates, for assault or harassment.
Questions About Leaving Because Of The Employer’s Breach
To discuss a dispute with your employer, speak to our lawyers on WhatsApp or use the Contact Us page.
See our employment lawyers, our employment law practice, and our guide on filing a complaint against your employer.
