Reader Mailbag: Termination without notice period, Dismissal

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”

1. If the employee adopts a false identity or nationality or if he submits forged documents or certificates
2. If the employee is appointed under a probationary period  or dismissal occurred during or at the end of said period.
3. 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.
4. 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.
5. 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.
6. If he divulges any secrets of the establishment where he is employed.
7. If he is awarded final judgement by the competent court in respect of an offence prejudicing honour, honesty or public morals.
8. If during working hours he is found drunk or under the influence of drug.
9. If in the course of his work he commits an assault on the employer, the manager  or any of his colleagues.
10. 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:

1. If the employer has violated his obligations before the worker with respect to the terms provided for in the contract and the law.
2. 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.