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arbitrary termination

Did You Just Lose Your Job? Here’s What the Company Owes You

Know what the company owes you when you lose your job!

When someone loses their job, they are usually very disheartened because of all the circumstances awaiting them. Such people do not get the idea of what they should do and what their legal rights are. This is not right as people should know what their actual rights are and what their companies owe them. The type of the contract and the payment a person gets counts a lot when it comes to the end of their job.

The related laws should be considered with the exception, in order to avail all the opportunities in the best manner. Knowing little or nothing may let the people lose so much that they deserve, after losing the job. Most of the times, people get terminated from their jobs, without any prior notice, and they do nothing about it. This is what makes the problems worst for them. Doing nothing about something that is bothering you makes everything crazier. So, hire lawyers in the UAE and earn your rights.

No Valid Reasons for Getting Terminated?

If someone has applied for maternity leave, the company or its employers cannot terminate the woman at any cost.  If the person gets eliminated without any valid reason given by the employer, it will come under the arbitrary termination. If there are no obvious reasons behind the termination of the employee, it will be called arbitrary termination as there are no legal proceedings against the employee.

Claim Your Rights

If there are no valid reasons given by the employers to the employees behind their termination, the employees can claim an additional 3 months remuneration under that of arbitrary dismissal.

According to Article 123 (a) of the Employment Law,

The employee can file for compensation because of the arbitrary dismissal, in the competent court. The nature of the work is considered in this regard along with the service period as well as work circumstances.

It is to be noted here that the compensation fees cannot exceed that of the three-month salary of the employee that they were entitled to.

What If the Company Is Getting Closed?

If the employers claim that they are closing the company, the person may not claim the compensation fee over the arbitrary dismissal.

Maternity Leave Application and Notice Period

If the mother has submitted her leave application and is to deliver her child in the time which comes under the notice period given by the employer, she can refrain from attending the office. That is why she can claim her salary from the day of leave because of the pregnancy.

The mother on maternity leave is entitled to her salary and can also claim her salary for annual leave which was not granted or availed during the employment duration.

If an employee is dismissed or leaves the employment at their own, they will be entitled to remuneration of all the days of annual leave not taken. This remuneration will be calculated on the basis of the basic wage of the employee on a date on which the leave became due.

If the termination of the employee on maternity leave is arbitrary, end of service benefits will be granted no matter if the contract is limited, and the employee hasn’t completed the 2 years of service for the company. This means that the employee will be granted end of service gratuity along with the termination notice allowance. So, the employee (on maternity leave) can claim 21 days of gratuity per year as mentioned in the employment law for her services.

Know What You Don’t Know

If the reason behind the termination of the employee is not valid, the dismissal will be referred to as arbitrary dismissal. The employee can claim the remuneration fees for such termination. This can happen only if the employee submits a claim to the concerned authorities and files for the legal proceedings against the employer and get the remuneration fee which is three months’ salary of the employee.

What Can You Do?

The best you can do if you lose your job is, to know the laws. With that, a lot can be achieved. This is because a lot of people do not have any idea about what they deserve and this keeps them from getting their legal rights. Lawyers in Dubai can be hired for such purposes. They can provide their clients with legal information, that can help them to get their rights on time.

HHS lawyers and legal consultants help you to handle your unemployment mindfully. They will help you focus on what awaits you ahead. Also, if you have no idea about the lawyers in UAE, they advise you about that as well. There is so much more they have to offer you. All you need is to consult them on time so, that you do not lack behind anyone.

Hassan Humaid Al Suwaidi., LL.B. is a Senior Partner in HHS Lawyers. He has 20 years of experience dealing with high-value and complex cases. Frequently featured in local and international legal directories and commended for his ability to attain favorable outcomes for clients, Hassan has been involved in some of the largest legal settlements. A major part of his work is providing expert legal advice on UAE legislation and acting for individuals and businesses during disputes and litigation. Read more