Having successfully completed their employment with a UAE-based employer, employees commonly expect to receive an experience certificate that outlines the specifics of their work contract and job description. However, what recourse do they have if their former employer refuses to provide this essential document? This frequently asked question is of utmost importance to those working in the UAE. Today, we will provide a comprehensive answer to this query and guide you on the steps to take if your employer denies providing an experience certificate.  Let's explore the steps to effectively address this situation.

According to the Article 125 of the UAE Labour Law: "The employer shall give the worker, upon the request thereof and at the end of his contract, a certificate of end of service gratis in which the date of commencement and termination of the employment, the total duration of employment, the type of work performed, the last paid wage and supplements, if any, shall be mentioned. The employer shall return any certificates, documents, or tools belonging to the worker. " 

The Article not only addresses the entitlement to receive an Experience Certificate but also emphasizes that the company is obligated to return any Certificates, such as Diploma certificates, that you have submitted during your tenure with the company, along with your personal tools and documents. It is important for companies to acknowledge that providing an Experience Certificate to employees who have been terminated or resigned is their rightful privilege, as stated in Article 125 of the UAE Labour Law.  Furthermore, such entitlements are not affected by the passage of time, ensuring that employees can claim their experience certificates whenever they require them.

Is the employee entitled to receive an Experience Certificate during the probationary period?

If an employee intends to terminate their employment during the probationary period as per Article 9(1) of the New Law, the employee must adhere to the following notice periods:

- Provide a notice of at least 30 days if they plan to take up employment with another employer within the UAE, as per Article 9(2) of the New Law.

- Provide a notice of at least 14 days if the employee intends to leave the UAE, as per Article 9(3) of the New Law.

In both cases, the employee is entitled to receive an experience letter from their previous employer. 

The end-of-service certificate (Experience Letters) should state the following information

Upon the employee's request and after the expiration of the employment contract, the employer must provide a certificate of experience without charging any fees. The certificate should contain the following information:

1. The date of the employee's commencement of work.
2. The date when the employment contract expired or was terminated.
3. The entire duration of the employee's service with the company.
4. The job title or type of work the employee was engaged in.
5. The last salary received by the employee before termination.
6. The reason for the termination of the employment contract.

Note: It is essential to ensure that the certificate does not include any content that could harm the employee's reputation or restrict their chances of securing new job opportunities.

What to Do If an Employer Refuses to Provide an Experience Certificate in UAE

In the event that the employer fails to respond to the former employee's request for an experience certificate, the employee retains the right to lodge a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

To file a labour complaint click on the link here: How To File A Labour Complaint In Just 2 Minutes: MOHRE Complaint