The UAE is known for strong labor laws aiming to establish an equal and balanced workplace. Among many areas of protection, one of the main areas of protection for employees within these regulations is the prohibition of arbitrary termination or wrongful termination. While terminating employment contracts, the employer has to conform to some legal requirements. It is very important for one facing or fearing arbitrary dismissal to understand his or her rights and the legal regime of the UAE.
Unfair dismissal, in general, denotes employee dismissal at the discretion of an employer without any adequate or proper cause or against the set UAE labor laws. According to Federal Decree-Law No. 33 of 2021 regarding the Regulation of Labor Relations, dismissal is believed arbitrary if:
Article 47, which says that if the employer has terminated the employee for:
The ministry would try to reach any amicable solution. In case an amicable settlement does not take place, the matter will be shifted to the concerned court.
Enquire NowUAE labor law extends effective protection against arbitrary dismissal to ensure employees are treated fairly. key areas involve:
The employer can dismiss the employee on the grounds of issues connected with his or her performance after prior warnings or regarding a violation of the internal policies and labor law.
These are the prohibited reasons that will make an employee’s termination illegal, such as:
In case arbitrary dismissal is proved, the court will rule that compensation must be paid by the employer to the worker. While determining the amount of compensation, the court shall consider the nature of the job, the extent of damage caused to the employee and the duration of his employment.
In all instances, compensation must exceed the employee’s salary for three months, to be calculated based on the employee’s last wage. Besides compensation, an employee is entitled to his gratuity, notice period dues, or any other dues he has against his employer.
According to Article 47 of the Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relationships (Employment law), if an employee feels that his employer has terminated him or her without any legitimate reason, then the UAE may consider this as arbitrary dismissal. In such cases, the complaint shall be filed to the MOHRE, so the latter may try the amicable settlement or make the official order.
If you feel that you have been dismissed arbitrarily, the following is the procedure you can follow:
Employers must:
Going through all the legal hurdles concerning arbitrary dismissal is a challenge. Our experienced employment lawyers in the UAE provide you with personalized legal support in your efforts to defend your rights. We can:
We are experienced employment lawyers who will assist you with drafting a complaint and defending your rights to trial in the instance of an unlawful termination.
You deserve to have your rights asserted and receive the compensation entitled to you, so reach out today.
Arbitrary dismissal or wrongful termination usually refers to the act of an employee being dismissed without cause or in violation of UAE labor laws, such as lodging a complaint or simply on account of asking for any of their statutory or legal rights.
You may prove arbitrary dismissal by providing evidence that the termination was either unjustified or in violation of employment laws, such as emails, letters of discharge, or witnesses.
The amount of compensation shall be defined by taking into account the work type and the amount of damage caused to the worker and his service term. It is required in all cases that the amount of compensation does not exceed the worker’s wage for a period of (3) three months, calculated according to the last wage he was obtaining. Further, the employee also entitled to obtain a notice period allowance and end of service benefits payable to him,
As provided under the new UAE labor law, the employer is allowed to terminate an employee even during probation period by giving a 14 day notice period.
The Mohre has the competence to settle a dispute falling within its competence and issue an order in an employment dispute. Furthermore, the Mohre’s decision in an employment dispute can be enforced. The parties can file a case within 15 working days from the notification of the Mohre’s decision before the competent court of first instance. The court shall conduct a hearing within three working days and render a final decision within 30 working days.