If you have been terminated from your work, you must know about employee rights in case of termination in UAE.
There are multiple termination cases, each with its legal provisions, which we will discuss in the article.
So if you seek legal consultation about terminated employee rights in UAE, you can call the best labour law firm in the emirates, Al-Blooshi’s office.
Table of Contents
Employee rights in case of termination in UAE.
We can summarize wrongful terminated employee rights in UAE 2023 as follows:
- When the worker’s wrongful termination is proven, the employer should pay the employee fair compensation as the court estimates.
- The value of compensation is estimated by taking into account the type of work, the amount of damage sustained by the worker, and the period of his service.
- The amount of compensation should be, at most, the worker’s wage for three months, calculated according to the last salary he has received.
- According to the Labour Law, the above compensations shall not prejudice the worker’s right to a warning allowance and end-of-service gratuity due to him.
- The right to demand a certificate of experience without consideration. The employer should give the employee an experience certificate upon his request at the end of the work contract without charge.
- In the case of a foreign worker, The employer shall afford the costs of returning the worker to his place of recruitment or any other residence that the two parties have agreed upon.
- Unless he has joined the service of another employer or the reason for terminating the contract is attributed to the worker, in which case the latter is committed to those expenses.
- The employer may only terminate the employee for unfitness if he has used all the leaves due to him by law.
- Any agreement to terminate due to unfitness is void if it violates the previous clause, even if it was concluded before the provisions of this law came into force.
Employee rights on termination notice.
Due to article 43 of the labour law, the employee rights in case of termination in UAE on the one hand of employment contract termination notice is as follows:
- The employer may terminate the labour contract for a lawful reason, provided that the employee is notified in writing while adhering to the agreed-upon period of at least 30 days and not more than 90.
- The work contract is considered valid throughout the specified notice period. It ends with its expiry, and the worker is entitled to his full wage for that period, according to his last salary.
- The worker shall perform the work if required by the employer during the warning period.
- It is permissible to agree to the exemption from the notice condition or to reduce its duration while preserving the worker’s rights for the warning period agreed upon in the work contract.
- Suppose the employer does not abide by the notice period. In that case, he must pay the warning allowance compensation, and the bonus is equal to the worker’s wage for the entire notice period or the remaining part thereof.
- The warning allowance is calculated according to the last salary the worker received.
- If the termination was by the employer, then the worker has the right to be absent during the notice period, one working day without pay per week, to search for another job.
- The worker can specify the day of absence, provided that he informs the employer of this at least three days before the day of absence.
FAQs about the rights of employees when terminated.
Here we have reached the end of our article about employee rights in case of termination in UAE after we discuss several instances of employee termination and how he should deal with each issue according to labour law.
For any consultation about uae terminated employee rights, we are always ready in the Al-Blooshi office to answer you.
Contact the office of Younis Mohammed Al Blooshi via Whatsapp. Click here. Or visit us at our address: Sobha Ivory 1 – Al Amal St – Business Bay – Dubai. You can also call us on phone: 00971589984123.
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.