If you searched for Article 121 of the UAE Labour Law, you are probably asking one question: can I resign without serving notice because my employer broke the rules? The article number you found comes from a law that no longer exists. The right itself still exists. It just lives under a different number now, with stricter procedures attached.
Direct answer. No — Article 121 is no longer in force. It belonged to Federal Law No. 8 of 1980, which was repealed when Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations took effect on 2 February 2022 (per the UAE Government Portal, u.ae). The current equivalent is Article 45 of Federal Decree-Law No. 33 of 2021, which lists four cases in which a worker may leave work without notice while keeping full end-of-service rights. This guide explains what the old Article 121 said, what Article 45 says today, the exact procedure to follow, and what happens to your gratuity and other entitlements.
What Article 121 of the old UAE Labour Law said
Article 121 was the old law's "resign without notice" provision for workers facing employer misconduct. It sat in Federal Law No. 8 of 1980, the labour law that governed UAE private-sector employment for over four decades. In broad terms, it allowed a worker to leave work without notice in two main situations:
- The employer failed to comply with its obligations toward the worker under the employment contract or the law — for example, not paying wages.
- The employer, or its legal representative, assaulted the worker.
Because Federal Law No. 8 of 1980 has been repealed, official government portals no longer maintain its text as applicable law. If you are reading an old contract, HR policy, or court judgment that cites Article 121, treat the citation as historical. Your rights today are measured against the current statute, not the 1980 one.
Article 121 had a mirror provision on the employer side, Article 120, which listed the grounds for dismissing a worker without notice. The current law keeps that same mirror structure, as you will see below.
When was Article 121 repealed?
Article 121 stopped applying on 2 February 2022, the date Federal Decree-Law No. 33 of 2021 came into force. The UAE Government Portal (u.ae) confirms that Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations is the law that governs private-sector employment relations today, replacing Federal Law No. 8 of 1980. The new law applies across the UAE private sector, with separate frameworks applying in the DIFC and ADGM financial free zones, which run their own employment laws.
Two practical consequences follow from the repeal:
- Any event after 2 February 2022 — a resignation, a dismissal, an unpaid-wages dispute — is judged under Federal Decree-Law No. 33 of 2021 and its Executive Regulations.
- Old article numbers do not map one-to-one. The new law renumbered everything. Quoting "Article 121" in a MOHRE complaint or court filing today points at the wrong provision of the wrong law.
You can read the full current statute, article by article, on our legislation library page for Federal Decree-Law No. 33 of 2021.
What replaces Article 121 today: Article 45 of Federal Decree-Law 33/2021
The direct successor to Article 121 is Article 45 of Federal Decree-Law No. 33 of 2021, titled "Cases of Worker Leaving Work Without Warning." It carries the old idea forward — a worker may leave without notice and still keep termination entitlements — but it expands the grounds from two to four and attaches specific reporting deadlines. Under Article 45, the worker may leave work without warning, while retaining rights upon termination of service, in these cases:
1. Employer breach of obligations
If the employer breaches its obligations toward the worker under the contract, the decree-law, or its implementing resolutions, the worker may leave without notice — provided the worker notifies the Ministry of Human Resources and Emiratisation (MOHRE) fourteen (14) business days before the date of leaving, and the employer has not remedied the breach despite being notified by the Ministry. Unpaid or delayed wages are the classic example of this ground.
2. Assault, violence, or harassment
If it is proven that the employer or its legal representative assaulted the worker or subjected the worker to violence or harassment during work, the worker may leave — provided the worker informs the concerned authorities and MOHRE within five (5) business days of the date they are able to report.
3. Grave danger in the workplace
If there is a grave danger at the workplace threatening the worker's safety or health, and the employer knew of it but did not take measures indicating its removal, the worker may leave. The Executive Regulations define what counts as grave danger.
4. Assignment to fundamentally different work
If the employer assigns the worker to work fundamentally different from what was agreed in the employment contract, without the worker's written consent — except in cases of necessity under Article 12 of the decree-law — the worker may leave without notice.
Notice how the new law tightened the procedure. Under the old Article 121, the worker's right was stated without built-in reporting deadlines. Under Article 45, ground 1 requires 14 business days' advance notice to MOHRE, and ground 2 requires a report within 5 business days. Miss the procedure and you risk the resignation being treated as an ordinary — or even unlawful — exit.
Your rights if you leave under Article 45
The core protection of Article 45 is that you keep your full end-of-service rights even though you gave no notice. In practice that means:
- End-of-service gratuity. Under the current law, a full-time foreign worker who has completed at least one year of service earns gratuity at 21 days' basic wage per year for the first five years and 30 days' basic wage per year beyond that (per u.ae). Estimate yours with our gratuity calculator, and see the full breakdown in our guide to end-of-service gratuity calculation.
- Unpaid wages and accrued leave. Outstanding salary, overtime, and unused annual leave remain payable.
- Settlement deadline. The employer must pay the worker's wages and entitlements within 14 days of the contract's end date (per u.ae).
- No notice-pay deduction against you. Because Article 45 authorises leaving without warning, the employer cannot lawfully treat your exit as a failure to serve notice, which would otherwise trigger compensation in lieu — a topic covered in our guide to termination notice and just cause.
Two warnings keep this realistic. First, the burden of proof sits with you: MOHRE notifications, written complaints, police or authority reports, medical reports, wage statements, and messages all matter. Second, if you walk out without satisfying an Article 45 ground and its procedure, the exit may instead fall under the ordinary termination rules — the current law generally requires written notice of 30 to 90 days under Article 43 — and unjustified absence can engage Article 50 of the decree-law on unlawful absence from work. The label courts and MOHRE attach to your exit determines the money.
If, instead of you leaving, your employer dismissed you and called it "Article 121" territory in reverse, the employer-side rules live in Article 44 (dismissal without warning) and Article 47 (unlawful termination, with court-assessed compensation capped at three months' wages). Our guide to employment contract termination in the UAE walks through those scenarios, and the arbitrary dismissal entry in our legal dictionary explains the key term.
How to leave without notice under the current law: step by step
The safe path is procedure first, resignation second. Here is the sequence that matches Article 45 and the dispute process in Article 54 of the decree-law:
- Identify your ground. Match your facts to one of the four Article 45 cases. "My manager is unpleasant" does not qualify; unpaid wages, assault, grave danger, or a forced fundamental change of role can.
- Gather evidence before acting. Contract, wage slips, bank statements, messages, photos of unsafe conditions, witness details, medical or police reports where relevant.
- Notify MOHRE first. For an employer-breach case, file your complaint with the Ministry of Human Resources and Emiratisation (mohre.gov.ae) at least 14 business days before your intended leaving date. For assault, violence, or harassment, report to the concerned authorities and MOHRE within 5 business days of being able to report.
- Let MOHRE process the complaint. Under Article 54, MOHRE examines individual labour disputes and seeks amicable settlement. For claims not exceeding AED 50,000, the Ministry can itself decide the dispute, and its decision has the force of an executive instrument. Larger or unresolved disputes are referred onward to the competent court. Our guide on how to file a labour complaint with MOHRE covers the filing mechanics.
- Leave only once the ground and procedure are satisfied. Keep written proof of every step and every date.
- Claim your final settlement. Gratuity, unpaid wages, and leave balance, payable within 14 days of the contract end date.
Deadlines in labour matters are short and unforgiving. If any step is unclear, get advice before resigning, not after.
Article 121 vs Article 45: what changed
The short version: the right survived, the grounds widened, and the procedure hardened.
| Point | Old Article 121 (FL 8/1980) | Current Article 45 (FDL 33/2021) |
|---|---|---|
| Status | Repealed | In force since 2 February 2022 |
| Grounds | Two main grounds (employer breach; assault) | Four grounds (breach; assault, violence or harassment; grave danger; fundamentally different work) |
| Procedure | No built-in reporting deadlines | 14 business days' MOHRE notice (breach); 5 business days to report (assault or harassment) |
| Worker's entitlements | Preserved on leaving | Expressly preserved on leaving |
| Correct citation today | Historical only | Cite Article 45 of Federal Decree-Law No. 33 of 2021 |
For the full picture of the current law — contracts, leave, working hours, termination, gratuity — start with our complete guide to UAE labour law and the deep dive on how gratuity works under the current law.
What to do now
If your situation matches an Article 45 ground, act on the procedure — not on the old article number. File the MOHRE notification or report within the deadline, keep your evidence organised, and only then leave. If your employer has already stopped paying you, the 14-business-day MOHRE notification clock is the first thing to start.
Because the money at stake — gratuity, unpaid wages, possible compensation — usually exceeds the cost of one consultation, it is worth having a specialist check your ground and your paperwork before you resign. You can browse verified employment lawyers on our lawyer directory and contact them directly; you agree fees with the lawyer and pay the lawyer directly — LEXAI lists and verifies lawyers and is not a party to the engagement. For a quick orientation on your facts first, you can also ask our AI legal assistant. The exact processing steps and any current MOHRE fees are set by the Ministry of Human Resources and Emiratisation and can change; confirm the current procedure with MOHRE or a licensed UAE lawyer. The governing statute itself is summarised by the UAE Government Portal.
Last updated 23 August 2026
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