Termination of employment contract
The employment contract shall be terminated on the following grounds:
- By mutual agreement of the parties.
- Upon expiry of the term specified in the contract
- At the will of either party to an unlimited term contract, provided that the provisions of this law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
The employer can dismiss the worker without notice if and only if the worker:
- adopts a false identity or nationality or if he submits forged documents or certificates
- is appointed under a probationary period and dismissal occurred during or at the end of said period
- commits an error causing substantial material loss to the employer provided that the latter advises the labour department of the incident within 48 hours from having knowledge of the same
- violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at conspicuous places or verbally informed to an illiterate employee
- fails to perform his basic duties under the employment contract and persists in violating them despite formal investigation with him in this respect and warning him of dismissal if the same is repeated
- divulges any secrets of the establishment where he is employed
- is awarded final judgement by the competent court in respect of an offence prejudicing honour, honesty or public morals
- during working hours, is found drunk or under the influence of prohibited drugs
- in the course of his work, commits an assault on the employer, the manager or any of his colleagues
- absents himself without lawful excuse for more than 20 intermittent days or for more than 7 successive days during one year.
Termination of contract without notice by the employee
An employee can terminate an employment contract without notice period if:
- the employer has failed to meet contractual or legal obligations towards the worker (for example, if he fails to pay wages for a period exceeding 60 days)
- the employee has filed a court complaint against an employer who has failed to secure employment of the worker (for example, in case of a business shutdown or if the business has been inactive for a period exceeding two months)the final ruling for a labour complaint referred to the labour court by MoHRE is in favour of the worker.
Arbitrary dismissal
Arbitrary or unfair dismissal takes place when an employer terminates an employee or forces him to resign without any justifiable reasons.
According to Article 122 of the UAE Labour Law, 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.
Article 120 of the UAE Labour lays out the reasons for which termination without notice is lawful.
If an employee believes that he has been dismissed illegally, he can complain to Ministry of Human Resources and Emiratisation. The ministry will try to solve the issue amicably. If an amicable settlement is not reached, the case will be referred to the respective court.
As per Article 123 of the UAE Labour Law, if arbitrary dismissal is proven, the court will order the employer to pay a compensation to the employee. The court will assess the value of compensation taking into account the type of work, the extent of damage incurred to the employee and the duration of the employment. In all cases, the amount of compensation must not exceed the wage of the employee for a period of three months, calculated on the basis of the last wage the worker is entitled to.
In addition to compensation, the employee can claim his gratuity, notice period dues or any other unpaid dues he is entitled to from his employer.