Losing a job unfairly can be stressful.
In the UAE, dismissing an employee for filing a complaint with MoHRE or taking legal action is considered arbitrary dismissal.
This applies provided the validity of the complaint or legal action is confirmed.
This article explains the concept of arbitrary dismissal UAE law and how employees can seek legal recourse in 2025.
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Table of Contents
Arbitrary Dismissal UAE
Under Article 47 of the UAE labor law, an employer cannot terminate an employee for submitting a complaint to MoHRE or pursuing legal action against the employer, provided its validity is established.
If this happens, the dismissal is deemed illegal.
An employee who believes they were dismissed unfairly can file a complaint with MoHRE. The ministry will attempt to settle the matter amicably.
If no resolution is reached, the case will be referred to court.
If the court finds the dismissal arbitrary, the employer must compensate the employee. The compensation is determined based on:
- The nature of the employee’s job
- The damage suffered due to the dismissal
- The length of employment
However, the compensation cannot exceed three months’ salary, based on the last wage received.
In addition to this compensation, the employee can also claim:
- End-of-service gratuity
- Notice period pay
- Any unpaid wages or dues
These legal protections ensure that employees are not unfairly dismissed and receive their rightful entitlements.
Arbitrary Dismissal Cases in UAE
Arbitrary dismissal cases in the UAE often arise when employees are terminated after filing valid complaints against their employers. Here are some examples:
- Case 1: Termination After Reporting Workplace Violations
An employee reported unpaid wages and unsafe working conditions to MoHRE. Shortly after filing the complaint, the employer dismissed the employee. The court ruled the dismissal was arbitrary and awarded the employee three months’ compensation and unpaid dues. - Case 2: Dismissal Following a Lawsuit Against the Employer
A worker filed a lawsuit for breach of contract, proving that the employer failed to provide contractual benefits. The employer responded by terminating the worker. The court ruled in favor of the employee, granting compensation and reinstatement options. - Case 3: Retaliation for Filing a Harassment Complaint
An employee lodged a complaint about workplace harassment. The employer dismissed the employee in retaliation. The case went to court, where the judge ruled the termination was arbitrary and ordered the employer to pay the maximum allowable compensation.
These cases highlight the importance of legal protections against wrongful termination and the need for employees to seek justice through the appropriate legal channels.
Learn How to Sue a Company for Wrongful Termination in UAE.
Learn about Arbitrary Dismissal in DMCC Dubai.
Legal Services Related to Illegal Termination in UAE
Our law firm specializes in employment law and provides expert legal assistance in cases of arbitrary dismissal UAE. Our services include:
- Legal Consultation: Understanding your rights and assessing your case before filing a claim.
- MoHRE Complaints Assistance: Guiding you through the process of filing a complaint and negotiating with the employer.
- Court Representation: Representing employees in labor court if an amicable resolution is not possible.
- Compensation Claims: Helping employees secure compensation for unfair dismissal.
- Recovery of Dues: Ensuring employees receive their gratuity, notice period pay, and other outstanding payments.
If you believe you have been unfairly dismissed, our legal team is ready to help you secure justice and compensation.
FAQs about Arbitrary Dismissal in UAE
Conclusion.
Arbitrary dismissal in the UAE is illegal under Article 47. Employees who face wrongful termination can seek justice through MoHRE or the labor courts.
If the dismissal is proven to be arbitrary, they are entitled to compensation and unpaid dues. Our law firm offers professional legal services to help employees navigate this process effectively.
Contact our labor law firm in UAE for expert help. Click the Whatsapp icon below.
A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.
