Termination/Dismissal without notice period
Date: 25-10-2013 to 28-10-2013
Question 1: May the employer terminate the worker without notice?
Yes. It is possible in some cases. As per Article 120 of UAE Labour Law
an employer can terminate the contract of his employee in below cases”
- If the employee adopts a false identity or nationality or if he submits forged documents or certificates
- If the employee is appointed under a probationary period or dismissal occurred during or at the end of said period.
- If he commits an error causing substantial material loss to the employer provided that the latter advises the labour department of the incident within 48 hours from having knowledge of the same.
- If the employee violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at conspicuous places and in case of an illiterate employee the latter be informed verbally of the same.
- If he fails to perform his basic duties under the contract of employment and persists in violating them despite formal investigation with him in this respect and warning him of dismissal if the same is repeated.
- If he divulges any secrets of the establishment where he is employed.
- If he is awarded final judgement by the competent court in respect of an offence prejudicing honour, honesty or public morals.
- If during working hours he is found drunk or under the influence of drug.
- If in the course of his work he commits an assault on the employer, the manager or any of his colleagues.
- If he absents himself without lawful excuse for more that twenty intermittent days or for more than seven successive day during one year.
Note: In all the above cases, the employer should prove the occurrence of the relevant incident.
Question 2: If the employer is having a right to dismiss the worker without notice, shall such worker have the right to leave the work without a notice?
As per the Article 121 of UAE Labour Law, The employee may have such right in the following cases:
- If the employer has violated his obligations before the worker with respect to the terms provided for in the contract and the law.
- If an assault has happened against the worker from the employer or form his representative.
In all the above cases worker should prove the occurrence of the relevant incident
Question 3: My employer has dismissed me without any reason after I have passed the probation period…do such dismissal considered arbitrary?
As per Article 122 of UAE Labour Law, If the employer has dismissed the worker, after the probation period without any reason, or if the reason of such dismissal has no connection with the work or if it is due to a complain to the concerned authorities against the employer or for a case filed against the employer….then such dismissal shall be considered arbitrary.
Question 4: If the employer has arbitrary dismissed me without presence of any reason and I am damaged due to the same…how can such damage and arbitrary dismissal be determined?
As per Article 123 of UAE Labour Law, a. If the employee has been arbitrarily dismissed, the competent court has the jurisdiction to give judgement against the employer for payment of compensation to the employee.
The court shall determine the amount of this compensation, taking into consideration the nature of work sustained by the employee, period of service and after investigation of dismissal circumstances. Provided that in all cases the amount of compensation should not exceed the employee’s pay for a period of three months, to be worked out on the basis of last pay due to him.
The provisions of the preceding clause shall not prejudice to the employee’s entitlement to the gratuity due to him and notice period provided for in this Law.
Question 5: The employer has terminated my service due to the fact that I am not fit from the health point of view, shall he have the right to do the same?
As per the Article 124 of UAE Labour Law the employer may not terminate the service of an employee for his health deficiency before he avails himself of the leaves lawfully due to him. However any agreement or condition contrary is deemed null and void even if it is made before this Law come into operation.
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I was terminated by Article 120.I was working in a free zone.I am with the company for 5 years.Do I have the right for 30 days grace period?Can I look for another job while in grace period? I am working as a waitress.The company told me to buy my own one-way ticket.If I go to my country when I can return to UAE? Do I have a ban?
Hi deepak,
My name is sayed I am working as a project engineer in abudhabi for 1 year 7 months my contract is unlimitted i went One week for emergency to india and i got an accident there and i was in the bed rest for one month i informed the company . when i am back the company told me i dont need to go anymore to office as iam terminated the reason the company is telling that absence of work for 40 days without permission . I have medical certificates with me they dont even check that . I have one month plus one month medical leave salary is pending i want to know what all benifits i will get from the company and if i will get the labour ban.
. I hope you can help me
Thank you
Sayed,
If you are engineer, most probably you wont have a labour ban.
You must be paid all the benefits.
Hello Deepak,
I’m working with a company with an unlimited contract. I’ve completed 7 months out of which company has asked me to go on unpaid leave for almost 2 months in between when the company has no work to assign and they called me back as they got work. Now company has send for a job for which no details was given to me before reaching the work site and after I came to know every job details from the work office which is another company, I refused to go on with that assignment and I informed my manager about the same on the same day. This assignment with another company was for 3 months agreement with our company. Manager was asking me to go for that assignment with a reduced salary since my company got that work in very low quote. They never made me sign any documents regarding that, Now they’ve terminated with immediate effect stating the reason that I refused to work. Our company never paid our salary regularly and the salary for May and June was paid on August 24th. Rest of the salary from July is still pending for all the staff. Rumour is that some of the top level persons got the correct salary. Now they’ve took Emirates ID and Passport for visa cancellation. What all I’m entitled from this company?
Please advise.
Sujit,
For any violation of your rights, you should get in touch with MOL.
Hi deepak,
1). In case of unlimited contract and while still in probationary period, can we resign without any notice period??
2). In case an employer doesnt want to accept the resignation and doesnt cancel, what should be done?
3). Resigning before the probation period is over, in case of unlimited contract, am I supposed to pay for 45 days salary?
4). If an employer is powerful, violates the law, is a former police officer and the police doesnt take action against his actions, labor ministry doesnt interfere, what should one do?? Is there any higher authority that can take action against such person?
(A disgruntled employee)
Adil,
1. Read: http://emiratesdiary.com/uae-labour-law-2/what-is-a-notice-period
2. You could approach MOL.
3. No. Depends on your labour contract.
4. I am not sure why this would happen! There could be no such partiality.
Hi,
We are an employer. A manager in our company who is on unlimited contract resigned after completing 1 year of service. He gave 2.5 months notice but having him in our office is not good for our business as he does not talk to most of staff and sits the whole day.
If we waive the notice period do we still have to pay for 2.5 months? I think legally he is supposed to give only 30 days notice. Please help.
Thanking you in advance.
Faraz,
Yes, you will have to pay for the 2.5 months notice as you have mentioned this clause.
I have been working in a company for 4 months and just recently received my visa and stamped in my passport. Not sure if I am still in probationary. What are the consequences of leaving work without notice? Will that affect if I get a new job? Is it true that I have to pay what my employer spent for processing my visa? Are they gonna go after me? Thanks, in dire need of help.
Foxyfille,
IF you do not attend office continuously for 7 days without informing, the company has right to report you as absconding.
You do not have to pay anything to the employer.
Read: http://emiratesdiary.com/uae-labour-law-2/reader-mailbag-pay-visa-costs-resign
Request you to please help me with a doubt i have,
I am currently employed with an unlimited contract and completed only 4 months of my 6 months probation period.
My employer is asking me to resign and sign my cancellation stating that he does not have a budget for my role and as a part of cost cutting , he has to let me go.
He is not paying me the dues of the last month i worked , neither giving a notice or compensation,
Please guide me what action can i take against which article in the labor law of UAE ,
Please Help me,
Thanks
Regards
Kasturee,
Under probation the employer can let go of employees without any notice period.
You must receive everything that is due to you.
Under probation period, you do not have any rights.