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Employment & HR

Resigning — notice, bans and what you are owed

Resignation no longer costs you your gratuity, and labour bans apply far more narrowly than they did. A great deal of advice circulating on this is from the old law.

Gratuity preservedBans narrower nowNotice still owed

The entitlement

What the law gives, regardless of contract.

An employee resigns by giving written notice of the period specified in the contract, between thirty and ninety days, and continues to work and be paid during it. On completing one year of service the employee is entitled to full end-of-service gratuity on resignation. During the notice period the employee is entitled to one unpaid day per week to search for other work, on notice to the employer, and the employer must cancel the visa and settle final dues within the statutory period after the employment ends.

Two things changed with the 2021 reforms and much of the advice online has not caught up. Under the previous regime, resignation before completing five years on an unlimited contract reduced gratuity on a sliding scale, and breaking a limited contract early routinely produced a labour ban. Neither is the position now: gratuity is calculated the same way regardless of who ended the relationship, and bans apply in much narrower circumstances. Employees consequently stay in roles they should leave, and employers occasionally rely on a threat that no longer has substance behind it.

The numbers

Notice
30–90 days as specified, worked and paid
Gratuity
Full entitlement on resignation after one year
Job search
One unpaid day per week during notice, on notice to the employer
Labour ban
Applies far more narrowly than under the pre-2021 law
Final settlement
Due within the statutory period
Visa
Cancelled by the employer; a grace period follows

What it costs

Gratuity on resignation, current lawFullPayable after one year of service, the same as on termination.
Gratuity on resignation, pre-2021ReducedCut on a sliding scale — which is what most people were told and still repeat.
Labour ban on resigningNarrowApplies in far fewer circumstances than under the old regime.
Two things changed in 2021 and much of the advice still circulating describes the old position.

In practice

How this is actually administered.

  1. Give written notice of the contractual periodVerbal resignation creates a dispute about when the clock started.
  2. Work the notice unless payment in lieu is agreedWalking out converts a clean resignation into a breach the employer can raise.
  3. Use the job search entitlementOne unpaid day per week during notice, which most employees do not know exists.
  4. Confirm the settlement calculation in writingGratuity, accrued leave, outstanding wages, and anything contractual.
  5. Ensure the visa is properly cancelledAn uncancelled visa blocks the next employer's work permit and follows you regardless of whose omission it was.
The mistake people make. Believing resignation forfeits gratuity. It did, partially, under the pre-2021 regime, and employees are still told this by employers and by each other. Full entitlement now arises on resignation after one year of service.

Related

Questions

No. Since the 2021 reforms, full end-of-service gratuity is payable on resignation after one year of service.

Bans apply considerably more narrowly than under the previous law. A resignation with proper notice generally does not attract one.

Yes, unless payment in lieu is agreed. Leaving without working notice is a breach the employer can pursue.

Yes — one unpaid day per week during the notice period, on notice to the employer.

One question

How many people are on the payroll?