Unfair dismissal in the UAE labor law

Unfair-dismissal-in-the-UAE-labor-law

The United Arab Emirates has been able to provide great support to its workers, whether citizens or foreigners and to preserve the rights of the employee who works on its lands and throughout the United Arab Emirates, in the event that the company fails to pay the salary or any entitlements stipulated in the contract between the employee and the employer And in accordance with Article 122 of the UAE Federal Labor Law No. 8 of 1980, which includes the regulation of the working relationship.

The UAE Federal Labor Law considered the dismissal to be arbitrary if the company dismissed the employee for a reason unrelated to work or performance, or because the employee submitted a serious complaint against the company in which he works to the competent authorities, or because the employee filed a lawsuit against the employer and it was proven his right.

In order for the UAE to protect the rights of the employee and the employer as well, the UAE Federal Labor Law No. 113 stipulates cases of amicable termination of work between the two parties in the following cases:

1- If the two parties agree to terminate the contract, provided that the worker signs the approval in writing.

2- If the term of the contract has expired and has not been renewed, either implicitly or officially.

3- At the will of one of the parties in contracts of indefinite duration, provided that the provisions of the law related to the warning are adhered to and the acceptable reasons for the termination of the contract without arbitrariness.

What do you do if you are unfairly dismissed?

An employee in the UAE can file a complaint with the Ministry of Human Resources and Emiratisation if he is subjected to unfair dismissal and has one of the reasons for unfair dismissal, according to Article 123 of the Federal Labor Law, and then the case is considered seriously and quickly.

In the event of failure to resolve the dispute amicably between the worker and the employer, the ministry shall refer the case to the competent court.

He shall receive all his entitlements such as the end of service gratuity, warning allowance, and any entitlements not paid by the employer.

What are the conditions for terminating a fixed-term contract?

Ministerial Resolution No. 765 of 2015, that the specified term of the contract should not exceed two years with the possibility of renewal, and the notice period for termination must be mentioned, which ranges from one month to three months as a maximum.

Either party to the contract can terminate the contract, whether the original contract or the renewed contract, provided that they abide by the conditions for early termination, which include the following:

1- Official warning of the other party.

2- The party who wants to terminate the contract continues to abide by the contract during the warning period, which must not be less than one month and not exceed three months.

3- Compensation to the other party in accordance with the UAE Labor Law, provided that the value of the compensation does not exceed three months from the last salary received by the employee.

What are the requirements for ending an employment relationship in fixed-term contracts?

1- In the event that the term of the fixed-term contract agreed upon between the two parties expires and has not been renewed.

2- If the two parties, i.e. the employee and the employer, agree to terminate the contract amicably during its validity.

3- The employee commits any of the violations stipulated in Article 120 of the UAE Labor Law.

4- In the event that one of the parties, whether the employer or the employee, terminates the contract during the period of its renewal, even if the renewal was before the implementation of this decision.

What are the conditions for terminating an employment contract without notice of termination - according to the UAE Labor Law?

1- If the worker assumes a false identity or nationality, or submits false documents or certificates.

2- If the worker was assigned to the probationary period, and was dismissed during that time.

3- If the worker commits a mistake that causes a financial loss to the employer, provided that the employer informs the Ministry of Human Resources and Emiratisation within 48 hours from the time of his knowledge of the accident.

4- If the worker violates the safety conditions clearly written inside the company’s headquarters and is aware of them.

5- If the worker breaches his basic duties and is investigated in writing and warned of dismissal, and he insists on repeating the mistake despite his knowledge of it.

6- If the worker discloses a company secret.

7- If he is finally convicted of a crime against honor, trust, or public morals.

8- If the worker is found while at work in a state of intoxication or under the influence of an anesthetic.

9- If the worker assaults his manager, colleagues, or employer during work.

10- If he is absent without giving a reason for seven consecutive days or twenty separate days during one year.

Can an employee terminate his contract without notice?

The employee may terminate the employment contract without notice to the company in the following cases:

1- If the employer fails to fulfill his obligations and does not pay wages for a period of 60 days.

2- Closing the company for a period exceeding two months and not attaching him to work, and this situation is proven by the Ministry of Labor.

3- In the case of a complaint referred by the Ministry to the court, provided that the ruling is in favor of the worker

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