Article 44 UAE Labour Law is a legal provision that allows employers to terminate an employee’s contract without notice under specific circumstances.
These include misconduct cases such as submitting forged documents, causing severe material loss to the employer, violating workplace safety rules, disclosing trade secrets, and committing criminal acts.
Another example is repeated absenteeism without a valid reason.
Al Mulla firm notes the common use of Article 44 of UAE labor law in mutual terminations by employers.
This article provides related facts about UAE employment contracts, stressing the need to scrutinize terms.
Contact Al Mulla Labor Lawyer in Dubai. Click the WhatsApp icon below or go to the Contact Us page. Locations: Dubai, Abu Dhabi and Ras Al Khaimah.
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Aِrticle 44 UAE labour law Implications
Al Mulla firm advises looking at the contract’s content before signing it.
Many times, the mutual termination of employment in UAE can be agreed upon by both parties.
Still, at the last second, the employer, for example, decides not to pay the employee what he earned based on their agreement.
Thus, the employer resorts to Article 44 of UAE labor law to free himself from extra expenses. A UAE employee’s contract can be terminated with no notice based on article 44 of UAE labour law:
- The worker submits forged documents or assumes a false identity.
- If the worker commits a mistake that results in a severe material loss to the employer or if the worker intends to damage the employer’s property and acknowledges that.
Provided the worker informs the Ministry of Human Resources and Emiratisation within seven days of becoming aware of the accident. - Violations of the instructions of the establishment’s internal system related to worker safety or of the workplace. Provided that these instructions are written and posted in a conspicuous place, and the worker has been made aware of them.
- If the employee fails to perform his essential duties according to the work contract and continues to violate them despite his written investigation for the same and twice warnings of dismissal, he may be dismissed.
- When he discloses trade secrets of the establishment in which he works, the employer suffers a loss, or the employee loses an opportunity.
- If convicted of a crime against honour, trust, or public morals.
- In case of apparent intoxication or drug use during work hours; or if he violates public morals during work hours.
- Assaulting the employer, the responsible manager, a superior or a colleague at work, whether by words or deeds or in any other way, as an employee.
- During one year, if the worker is away for more than twenty intermittent days without a legitimate reason or for more than seven consecutive days.
- Personal gain illegally exploited by a worker.
- Despite the controls and procedures established in this regard, the employee joined another establishment.
Al Mulla Law Office has many great and experienced lawyers who can help you with the mutual termination of employment UAE.
Whether you are an employee or employer or want someone to represent you at labour courts, the legal team of Al Mulla will ensure you will retrieve your lost rights.
Learn about New UAE labour law termination contract, employer terminate contract and Wrongful contract termination.
Mutual termination agreement
A mutual termination UAE agreement paper is of significant legal importance as it governs the cessation of a contractual relationship between two parties within the country’s legal system.
The agreement typically addresses key aspects such as the effective date of termination, the settlement of outstanding obligations, confidentiality provisions, and the resolution of potential disputes.
The parties involved must ensure that the terms outlined in the mutual termination agreement in the UAE align with the country’s applicable laws and regulations.
This will guarantee a smooth and legally sound conclusion to their business relationship.
Legal Services Related to Article 44 of UAE Labor Law
Al Mulla Lawyers & Legal Consultants offer a range of specialized legal services related to the implications of Article 44 UAE Labour Law in 2024, including:
- Legal Consultation on Termination under Article 44: Advising employers and employees on the lawful termination of employment contracts without notice, ensuring compliance with the provisions of Article 44.
- Representation in Labour Disputes: Legal representation in cases where termination under Article 44 is contested, including wrongful termination claims and defense of justified dismissals.
- Drafting Mutual Termination Agreements: Preparing legally binding mutual termination agreements that comply with UAE labor law, focusing on resolving disputes amicably.
- Investigation of Breaches Leading to Termination: Conducting legal investigations into alleged breaches, such as forgery, safety violations, or misconduct, to determine whether termination under Article 44 is applicable.
- Litigation Support in Labour Courts: Represent clients in UAE labor courts to resolve disputes arising from Article 44 terminations, including claims for unpaid wages, severance, and compensation.
- Legal Advice on Contractual Obligations: Guiding on the legal obligations of employers and employees under the UAE Labour Law, particularly in cases where termination without notice is considered.
- Mediation and Settlement Negotiation: Facilitating negotiations and mediating disputes between employers and employees to prevent litigation and reach mutually agreeable solutions.
These services ensure that all parties are aware of their rights and obligations under Article 44 and other relevant labour laws in the UAE.
FAQs about article 44 of the UAE labour law
In conclusion, mutual termination of employment in the UAE can be done smoothly if you trust the other party and read through article 44 UAE labour law.
Al Mulla Labour Lawyer is dedicated to delivering the best outcome for your problem, so if you are having any trouble with labour law, please don’t hesitate to contact us or visit us at Al Mulla Law Office.
Contact Al Mulla Lawyers today! Click the Whatsapp icon below or visit our Contact Us page.
Find us at these locations:
– Dubai: Deira, Port Saeed, Street 8, City Avenue Building, Office 705-708.
– Abu Dhabi: Corniche Street, Golden Tower, Office 22.
– Ras Al Khaimah: Al Nakheel, Al Maamoura Building (Emirates NBD Bank Building), Fourth Floor.
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.
