Can Your Employer Terminate You Without Issuing A Warning?

As per the Article (44) Federal Law No 33 of 2021 (the new Labour Law) states the employer may dismiss the worker without notice after conducting a written investigation against him or her and the dismissal decision shall be in writing and justified and the employer or its representative shall hand it over to the worker in any of the following cases:

  1. It is proven that the worker impersonated another person, or submitted forged certificates or documents.
  2. The worker committed a mistake that resulted in gross physical losses to the employer or the he deliberately damaged the properties of the employer and he acknowledged the same, provided that the latter informs the Ministry of the incident within (7) seven working days from the date of being aware of the occurrence of the incident.
  3. The worker violated the instructions of the establishment’s by-law related to the safety of work and workers or the workplace, provided that they are written and hung in a visible place and the worker is informed of the same.
  4. The worker did not perform his basic duties according to the employment contract and he continued breaching them despite conducting a written investigation with him for this reason and he is notified and warned of dismissal twice if this is repeated.
  5. The worker disclosed one work secret related to industrial or intellectual property, which resulted in losses to the employer, missed opportunity or achieving a personal benefit for the worker.
  6. The worker is drunk during working hours, is under the influence of narcotics or psychotropic substances, or commits an action breaching the public morals at the workplace.
  7. The worker assaults during work, the employer, manager in charge, one of his superiors or colleagues at work, by word, action or any form of assault that is punishable under the legislation in force in the State.
  8. The worker is absent without a legitimate reason or excuse accepted by the employer for more than (20) twenty intermittent days during one year or more than (7) seven consecutive days.
  9. The worker exploited his position in an illegal way to obtain personal results and gains.
  10. The worker joins another establishment without abiding by the rules and procedures prescribed in this regard.

Deena

Human Resource professional and writer.

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