The new UAE Labour Law – Federal Decree-Law No. 33 of 2021 – has come into effect from February 2, 2022, replacing the current Federal Law No. 8 of 1980 and its amendments.
As per the Article 44 of the new Labour Law on ‘Dismissal of worker without prior notice’, states that in certain situation after the investigation with employee, employer may terminate the employee without prior notice. The dismissal decision shall be in writing and reasoned.
Employer or his representative can terminate the contract without notice in any of the situations mentioned below:
- If the worker assumes a false identity or nationality or submits forged certificates or documents.
- If the worker commits a fault resulting in substantial material loss to the employer, or deliberately cause harm to the property of the employer, and admits the same, provided that the employer notifies the Ministry of the incident within seven working days of being aware of the occurrence thereof.
- If the worker disobeys instructions on safety of work or workplace provided that such instructions are in writing and posted in a visible place, and the worker has been advised thereof.
- If the worker defaults on his basic duties under the employment contract and fails to remedy such failure despite a written investigation with him on the matter and two warnings that he will be dismissed in case of recidivism.
- If the worker reveals any confidential business secrets of the firm for which he works which results in losses to the employer or loss of opportunity or a personal benefit for the worker.
- If the worker is found in a state of drunkenness or under the influence of a narcotic drug during the working hours or commits any act against morals at the workplace.
- If the worker commits a verbal, physical or other form of assault punishable by legislation in force in the UAE against the employer, the responsible manager, his supervisor or co-worker.
- If the worker is absent from work without a valid reason for more than 20 non-successive days in one single year, or for more than 7 successive days.
- If the worker abuses his position with the aim to obtain personal gains and profits.
- If the worker joins another establishment without complying with the controls and procedures prescribed in this regard.
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