Article 121 – Termination of contract by employee
In my previous article I wrote about 10 reasons why your employer/company can terminate you. In this article I will provide you 2 reasons why you can fire your employer. The reasons mentioned are valid as per UAE Labour Law and every employer and employee should be aware of this.
Fire your company!
UAE Labour Law provides for scenarios when you can fire your company:
- If the employer does not fulfil his obligations towards the employee as provided for in the contract or in this law;
- If the employer or his legal representative has committed an act of assault against the employee.
Article 121 provides clear instructions as to when you can terminate your contract.
If the employer does not fulfil his obligations towards the employee as provided for in the contract or in this law:
You as an employee are entitled to certain rights under UAE Labour Law. Some of those typically are:
- Monthly Salary;
- Safe working environment;
- Consideration of Health and safety issues and so on;
If your monthly salary is delayed and you are not paid on time as per your labour/employment contract, you can let your employer go. Salary for an employee is the basic right! If this is delayed, the employee can file a complaint with the MOL and also could resign from his work citing this reason.
If the employer or his legal representative has committed an act of assault against the employee.
This is considered a serious offence under UAE Labour Law. If your employer or his appointed Managers/Legal Representatives assault you in any way, you may resign from your job. It is not clear whether mental and verbal abuses can be considered as assaults; however, I do feel that verbal and mental assaults have larger effect on a person. If have ever been assaulted by your employer, you have a right to resign.
Do I need to serve Notice Period?
If you feel that your rights have been violated, and your employer has not fulfilled your contract obligations as per the requirements, you don’t have to serve notice period when terminating your contract.
What about Labour Ban?
If you have complained to MOL with regard to above offences committed by your employer and they are proven in your favour, you will not face labour ban. Please also read my article: When you do not have Labour Ban, in which I detail about the scenarios in which you have no labor ban. Please also note you can fire your employer both in the cases of Limited Contract and Unlimited Contract.
What is the process?
If you have established that your employer has committed above offences, you will need to immediately file a complaint with Ministry of Labour and they will take the matter into their hands. After investigation, MOL will provide you their ruling. However, you must understand that this takes time to investigate and provide proper justice.