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.
Detailed Explanations:
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.
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Hello legal department
Working in construction company and my company has been paying salary the finished month always in the 15th of the next months
Now it reached to 20th when company has not yet paid and no communication given
So we/i/labour’s refused to resume work in complain of salary delays but still the company has not responded to pay.
The peaceful strick is still going on now 3days and all labour’s want salary on cards to resume work.
NB: my seeking advice from legal counsel WHAT SHOULD WE DO AS OUR NEXT STEP PLEASE
Hi, In this case it is advisable to Get advice from a legal expert to understand your rights as employees.(we are not a legal department)
Keep records of salary delays and communication with the company.
File a formal complaint with the Ministry of Human Resources and Emiratisation (MOHRE) about the salary delays.
Continue the peaceful strike together to raise awareness about the issue.
Consider legal action if necessary to address the delayed salary payments.
Remember to follow the law and seek professional guidance for the best possible resolution.
I HAVE WORKED 2 MONTHS WITHOUT PAYMENT WHAT CAN I DO PLIS
First, you should talk to your employer and try to resolve the issue amicably. If you are unable to reach an agreement with your employer, you can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) or the relevant authority in the emirate where you worked.
Hi,
If your temporary labor card/ temporary visa is already expired for 2 months and your company still has not returned your passport with the visa stamped am I eligible to complain to Labor and leave the company without giving them a notice period? Thanks.
i just want to ask regarding my company.
they give me visa since June 22,2017 but our shop is still not open and not operating. And them they did not gave me any allowance for my source of living.to pay for my housing food and to send money for my daughter whos blind in the Philippines.They telling me that im with my husband thats why.and i kept on asking them when our shop will be open and when i will start to work.but they tell me when the shop is ok they will call me. Its almost 4months already.And sometimes they’re not answering my tect and call if i keep on asking.
To have a rights to get help or i can file complain in Labour regarding this matter.
Thank you.
Dear Legal Department:
I have a concern regarding my brother situation, He wants to resign but he hasn’t completed the probationary period of 6 months (unlimited contract). His reason for resigning is because his boss constantly shouts at him and does not treat his employees humanly, he often shouts and call them names (like monkey, donkey etc.). Instead of him being inspired to work, he loses motivation and could not function well because of the environment where shouting exists in a normal basis. My brother wants to resign. what will be the repercussions? should he resign, will labour ban be applicable in this situation? Counting on your feedback. Thank You
He may face labour ban depending on skill level and new job offer.
First of all, the behaviour must be reported to MOL/MOHRE.
If a company has given you your working permit but does not give your monthly salary because their reason is that the company is not yet operational is it really not possible for me to have my salary?
Company has to pay salary once the contract has come into effect.
Thank you so much Sir, Does this mean that i can file a complaint because they are not giving me my salary despite the fact that their clinic is not yet operational? Tehy are always telling me that they are not going to give me my salary because of that. 🙁
You may file the complaint with MOHRE.
dear legal department
im finish my contract but my employer she cant release me this time she want to use my 1month extension because of ramadan but i dont want to renew coz i searc already onother job?so my question is she can force me to stay even im finish my contract?if i complaine the labor they posibility i have a ban,hope u reply as soon us posible thank u
I have 2 inquiries:
1) Please advise the rules on imposing fines as to when it is applicable; and
2) What about bonus stated in a job offer but was not given to employees, do they have the right to ask for it, although there was a statement “If the company achieves profit”? (while obviously it has profit)
Dear Legal Department,
I have worked for a company since February 2016 but I have only been paid in full and on time for only February and March.
Right now, I haven’t received my August, September and October salaries.
Do I have a right to resign, what are the consequences likely to arise???
Thanks
Dear Legal Department,
I am working in an Ammar LLC in Sharjah since August 16 and, till date I have not been paid my full salary yet by the school. They just gave me only dh 700 against my actual salary of Aed 1500/-. They have not given me the labour card/ health card yet.
Further when I requested the school Management for my balance salary, they said that they will not pay it .
They also gave me only harassment while I was performing my duty honestly . Now, as I have fallen sick now since one week and i have no money to pay for Dr fee and the medicines. I am in pathetic situation and do not know what to do . In my home country my parents / my son are suffering without money .I request your kind advise please and would appreciate for the same
Hi sir/mem
it’s good to know about the new lever law of UAE. One of my friend is in such a critical condition regarding the jobs and still unknown that he have labour ban or not. He came Dubai on visit visa and he find the job in a restaurant as kitchen helper. After hired there he should be exit out of UAE and he did the same. But after getting employment visa he started his work there he couldn’t survive there because of 12 hours work, no day off in a week, very poor accommodation provided by a company and so on. After happening that all he decided to leave that job and find the next job but company purposed him 4000 Dhirams to pay if he want to work that company or not. He should pay AED 4000. otherwise he didn’t get his passport. And he paid AED 4,000 also. but also company is not giving his passport. Now the company is demanding air ticket of returning his home country then only company will handover the passport. what can he do?
is he ban in UAE to do another job or not? Please need your clear answer……
Thank you
Good Day Sir,
Since 2 months I am working in Dubai as Quality control engineer through local company sponsor,s from abudhabi visa (Manpower supply Company). My company issued employment visa up-to Oct 2018. Now company need to reduce my salary about 38 percent . Also i got an verbal notification on this decision and say that my contract will be end September end 2016.
I would like to know that any visa ban will entitle ,if i can join with other company . Please advise me in my issues.
Thanks and regards
Can you please explain about the compensation required to be paid by the employer in case of arbitrary termination of unlimited contracts
Am in dubai my company gave me employment visa that shows that am a waiter but when I came I have been working as a kitchen helper for 6 and the half month.and my restaurant cut my salary for 3 months 17 days because the gave me employment visa .I work 12hrs everyday in each month I have have two half off .that means before u go off u come and work for 6 hrs before going off.and accommodation is very poor.no transportation given I walk on legs everyday to my workplace about 35 minutes everyday. So I want to change my job my contract letter I have worked only for 4 months now but all together with tourist I have been working here for about 7 months and receivedo only 2 months salary. I want to live my job will I face a band?and we have a very poor working condition at my job site
Hi,
I am a graduate and in an unlimited contract with the company. My appointment letter states that I will be in probation for 3 months. Its not even a month that I arrived in UAE. The visa is not yet stamped on my passport as the company’s file is blocked in the government system. The company owes money to the government and is in financial crisis. I have an offer from a Free Zone Company. I want to leave my current employment and join the free zone company.
How can I go about it. Please advise.
Thanks.
i am vijayakumar i am working in electrician to the unlimited employment. visa i didnot get first salary. so i can resign. the job after 6 month? but resign time company asking return visa money like that asking it is possible?
hi sir im just asking, i applied for a job in making and selling a waffle, he took my passport in the 2nd day of training, but then in the 3rd day, ( last day of training), i quit because i cant handle the job. he told me to pay the expenses he have done, i did not sign anything yet like labor, offer letter or contract, he just have my passport is it fair for me to pay what he said?
Good day..I’m currently working as company cleaner here in sharjah and my manager wi!! Deduct me 100 aed because of some customer COmplaints that I was not able clean good is this really advisable that she will deduct my salary to think she is still sending me to the siad customer pls I need your help it seems that many of us are victi!s because of the innocence of the law
Pls help me.I’m working for the tablez food company which based in abudhabi and I’m located in ras al khaimah in naeem mall for peppermill restaurant as a waiter.my Con tract is 9 Hr per day and 48 Hr per week and I completed my one yr 31st March 2016.and I’m working 12 hrs per day without break even though going to washroom is a warning or a warning letter from my manager and we want to tell him about the working hours he is ignoring us .what can I do for this I want to continue my job because I’m the one only feeding my family.if I was terminated wht should I do to get my benefits from the company and I will be banned or not.lease guide me with the uae law to handle my problem.it’s already violating the country and worker’s contract .so many collegues as the same problem I want to bring this to the law and get my benefits to all.please help me I’m waiting for the reply very soon
Hi,
Can u pls advise me. Im working as a housemaid in Abu Dhabi for almost 3 weeks.Then i quit my job. My employer return my passport to my agency.Then now the agency is keep telling me to pay 13k and they give my passport..
Good day. I am almost have 1 year in my company. i just want to ask about my leave pay allowance.. its not included in my monthly salary, and its given to me cash by my employer.. but this month he told me that he will not give me my allowance anymore, and he told me to stay in his acomodation.. but i refuse. Bec my wife an my family is here in dubai.. is there any actions i can do? Please help.. thank you..
Good day sir iam 9months working here in at a restaurant. And I already pass my notice to my managed and tell my boss I want too resign. Can I ask how many days I will wait for valid until my resignation. Because my said too me it is three months to find for replace my position I My work.
Hi Deepak
Presently I am in Probation period and I am not satisfied with this company.I am on employment visa,I am working here from August mid 2015.I got a new job,but with the same salary(4500).I will complete my 6 months this month.I am worried that,sometimes my Company may put One year ban.Kindly let me know What to do.It would be really grateful,if you could help me on the same.
Thanking you
Mrs.Rajan
I have almost same casw with olatunde the only difference is i did leave the company, but i go to labour to file complain.as expected the treatment to us by our employer us totally different. I am stress and its frustrating to me every time i came to the office.and yet the labour still no action for my compalain.its been 1 month and 6days already. My employer threats me so badly.
I have resigned my work base on my employer didn’t abide my law of contract, no health insurance provide, salary delay for a month before paid, also no increment in wages for a year as promise by employer I resigned without notice, now my employer have refuse to cancel and provide my passport and also mandate me to a month notice which I refuse, now under four days of resignation follow up I put a call to the managing director and slap me with abscond charge. What can I do to escape this if it come to law court
I work in a supermarket and in my contract it is mentioned that my role in the company would be of CSA (customer service associate), However my routine job is Stocking ( i.e refilling empty shelves) is this also a violation of contract.
Thanks
Dear Legal Department ,
What of a situation where an employee is working without his own copy of the contract letter yet he’s been assulted on a daily base like for example working 12hrs without over time, no increments of salary after 6months probation and others.
Same here in Dubai