Can An Employer Refuse To Give Experience Letter After Termination?

When it comes to employment termination and the rights of employees in the UAE, a common question arises: Can an employer refuse to provide an experience letter after terminating an employee?

In this blog post, we’ll delve into the specifics of UAE employment law and shed light on whether an employer is legally obligated to issue an experience letter even if the termination occurred during the probation period.

In the UAE, the law is clear: an employer cannot deny an employee an experience letter after termination, even if the termination occurs during the probation period

Understanding UAE Employment Law

To tackle this question, we need to understand the legal framework that governs employment relationships in the UAE. The Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relationships in the UAE is the key legislation in this regard.

Probationary Period and Termination

Article 9(1) of the Employment Law stipulates that an employer has the right to appoint an employee under a probationary period not exceeding 6 months from the date of starting work. During this period, the employer can terminate the employee’s service by providing a written notice of at least 14 days.

Entitlement to Experience Letter

According to Article 13(11) of the Employment Law, an employer is required to provide an employee with an experience letter upon the termination of the employment contract. This certificate should be provided free of charge and should include specific details, such as:

1. Date of commencement of work.
2. Date of contract expiry or termination.
3. Complete service duration.
4. Job title or type of work performed.
5. Last salary received.
6. Reason for the termination of the employment contract.

No Harmful Information Allowed

It’s important to note that the experience letter should not contain any information that could harm the employee’s reputation or hinder their chances of finding new job opportunities.

This provision safeguards the employee’s interests and ensures that the experience letter doesn’t have any negative impact on their future prospects.

Applying the Law

Based on the provisions outlined above, if you were employed by a Dubai mainland company and were terminated during the probationary period with a 14-day notice, you are entitled to receive an experience letter.

This letter should accurately reflect your employment details, including your job role, duration of service, and last salary. Importantly, any negative information that could hinder your future job prospects must be excluded.

Conclusion

In the UAE, the law is clear: an employer cannot deny an employee an experience letter after termination, even if the termination occurs during the probation period. As an employee, you have the right to receive an accurate experience certificate that reflects your employment details without harmful information. If you find yourself in a situation where your former employer is reluctant to provide an experience letter, remember that the UAE’s employment laws are designed to protect your rights and ensure fair treatment in the workplace.

Disclaimer: Please note that this blog post provides general information about UAE employment law and should not be considered legal advice. If you are facing specific legal issues, it’s recommended to consult with a qualified legal professional.