On the off chance that you have recently been terminated from your employment
with or without reasons and you might ponder whether your employer was within
his rights to terminate you. What's more, in the event that it turns out you
were terminated wrongfully or unjustifiably, your next question would be whether
or not you have the right to sue to seek adequate damages under the Labor Law of
UAE. Best of Lawyers of Dubai consider it as "arbitrary dismissal" in cases
where the employer to lay off an employee or force to do as such with any
reasonable grounds. This sort of rejection is typically against the rules and
regulations which implies that the termination is outlandish and preposterous
and should be investigated.
In accordance with the provisions of the Labor Law, the employees can document a
grievance before the relevant authority in case they believe that the
termination was unfair. With respect to the employers, they should give
verification or proof of their case that the employee is expelled on reasonable
grounds such as poor performance or gross misconduct.
Article 122 of the Labor Law constitutes that the termination of any employee
without any justifiable reason or any reasons which does not relate to the
employment results as unfair termination. Innumerable cases of unfair
termination can be witnessed for instance in case where employee is a reason
that an organization endures an incredible loss in income or something different
altogether which should be immediately informed to the MOHRE within 48 hours of
its occurrence. In such circumstances, failure to inform such act to the
authority would result as arbitrary dismissal. Secondly, in cases where the
employer demotes the employee and pays lesser salary than previously can be a
rationale behind filling a complaint.
Notwithstanding the foregoing, there are several reasons under which the
employer can terminate the employee without sufficient notice as indicated by
Article 120 of the UAE Labor Law and the grounds are as follows:
- The employee is observed to utilize a fake personality to secure the
job. This incorporates submitting fake records of any sort.
- The employee is expelled amid the probation time frame.
- The employee has cost the organization a major loss of revenue, which
has been informed to the authority within said timeframe.
- The employee has not fulfilled his roles and responsibilities as agreed
under the contract.
- The employee was inebriated state or was using any unlawful medication
in the workplace.
In the event that the afore-mentioned clauses are proved against the
employee, it is legitimate and the employer has the option to terminate the
employee without any reason. Be that as it may, if a worker is under an
apprehension that the grounds for dismissal were arbitrary, he may register a
complaint before Ministry of Labor to reach an amicable settlement, failing to
receive a settlement, he may register the matter in labor court upon receiving
an NOC (No-objection Certificate) with the assistance of Top Lawyers of Dubai.
In such circumstances, compensation for wrongful termination that is up to 3
months of total salary and relevant end of service benefits can be claimed from