The New UAE Labour Law – Federal Decree-Law No. 33 of 2021 on the regulation of labour relations – has updated the regulations for the private sector in the UAE. One of the many aspects covered in the new law includes the conditions of dismissal for an employee and the rights of an employee if his/her employer terminates him/her without providing a justifiable reason.
Arbitrary or unfair dismissal takes place when an employer terminates an employee or forces him to resign without any justifiable reasons. Arbitrary termination of an employee happens when an employee is fired for reasons not related to work performance, or when the employee files a valid complaint against an employer, which made the latter terminate him maliciously.
As per the Article 47 of the New UAE Labour Law on the Arbitrary Dismissal:
- A dismissal of a worker by his employer shall be arbitrary if the worker submits a serious complaint to the Ministry or files an action proven to be valid against the employer.
- The employer shall pay the worker a fair compensation estimated by the competent Court, if it is found that the dismissal is arbitrary and the amount of compensation shall be determined based on the type of work, the extent of harm sustained by the worker and the length of his service. In any case, the amount of compensation shall not exceed three months’ wage of the worker, calculated based on the last wage received by him.
- In addition to the compensation, the employee can claim his gratuity, notice period dues or any other unpaid dues he is entitled to from his employer
How can I file a labour complaint in case of Arbitrary or Unfair Dismissal?
You can file a complaint with MOHRE through the following options:
- Call the Ministry’s hotline on 800 60.
- Download the MOHRE app and file a labour complaint
- Visit www.mohre.gov.ae and select the option for filing a labour complaint.
If you are opting for option 2 or 3 you would need your passport and work permit details to create an account .
Once you file a complaint, you will receive a call within 72 working hours from a legal advisor, who will try to initially find an amicable solution to the issue.
The process is simple and no fee is changed .
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