Termination By Agreement Template for the United Arab Emirates
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What is a Termination By Agreement?
The Termination By Agreement document is used when both employer and employee mutually agree to end their employment relationship in the United Arab Emirates. This document is essential for ensuring compliance with UAE Labor Law (Federal Decree-Law No. 33 of 2021) and protecting both parties' interests during the termination process. It should be used when there is a mutual understanding to end employment amicably, requiring documentation of the agreed terms including termination date, financial settlements, end-of-service benefits, and ongoing obligations. The agreement typically includes provisions for confidentiality, property return, and mutual releases, while ensuring all calculations and settlements align with UAE labor regulations. This document is particularly important in the UAE context where proper documentation of employment termination is crucial for visa cancellation, final settlement processing, and maintaining clear records for labor authorities.
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About the Termination By Agreement
When you need to end an employment relationship by mutual consent in the United Arab Emirates, a Termination By Agreement document provides the legal framework to protect both employer and employee interests. This formal agreement ensures compliance with UAE labor laws while establishing clear terms for the termination process, financial settlements, and post-employment obligations.
When do you need this document?
You should use this agreement when both parties voluntarily decide to end the employment relationship without disputes or misconduct. Common situations include company restructuring where affected employees agree to voluntary separation packages, mutual recognition that the role is no longer suitable for either party, or when an employee wishes to pursue other opportunities and the employer agrees to early release from contract obligations. This document is also essential when negotiating enhanced separation packages beyond standard entitlements, or when establishing specific terms for transition periods and handover responsibilities.
Key legal considerations
The agreement must clearly specify the termination date, calculation of end-of-service gratuity according to UAE Labor Law provisions, and settlement of all outstanding dues including salary, allowances, and accrued leave. Include comprehensive clauses covering the return of company property, confidentiality obligations, non-compete restrictions where applicable, and mutual release provisions to prevent future claims. Pay particular attention to visa cancellation responsibilities and timeline requirements, as delays can result in penalties for both parties. The document should also address any outstanding loan obligations, medical insurance coverage during notice periods, and procedures for obtaining experience certificates and reference letters.
Legal requirements in United Arab Emirates
Under Federal Decree-Law No. 33 of 2021, termination agreements must comply with specific notice period requirements, though these can be waived by mutual consent with appropriate compensation. End-of-service gratuity calculations must follow prescribed formulas based on length of service and final salary, with a minimum of 21 days' salary for each year of service. The agreement must be documented in writing and signed by both parties, with witness signatures recommended for additional legal protection. For companies operating in free zones like DIFC or ADGM, additional regulations may apply requiring specific clause inclusions. Ensure the document addresses UAE visa regulations, as employers must cancel work permits within specified timeframes to avoid penalties, and employees need proper documentation for visa status changes or departures from the country.
GOVERNING LAW
Applicable law
This Termination By Agreement is drafted to comply with United Arab Emirates law. Key legislation includes:
UAE Civil Code (Federal Law No. 5 of 1985): Provides general principles of contract law including mutual consent, capacity to contract, and requirements for valid termination agreements
Ministerial Resolution No. 47 of 2022: Regulations regarding employment contract forms and termination procedures in the UAE private sector
UAE Federal Law No. 8 of 1980: Contains provisions regarding end-of-service benefits calculation and settlement of dues upon termination
DIFC Employment Law No. 2 of 2019 (if applicable): Specific employment regulations for companies operating in Dubai International Financial Centre, including termination provisions
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