Any employer falsifying termination reasons in UAE can face severe legal consequences of wrongful termination.
The Federal Decree-Law No. 33 of 2021 Regulating Labor Relations, implemented on February 2, 2022, has further fortified these protections.
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Employer falsifying termination reasons in UAE.
Wrongful termination refers to an employer terminating an employee without a valid and justifiable reason. The recently revised UAE labour legislation has detailed provisions addressing this issue.
Determining wrongful termination UAE.
Article 47 of the revised UAE labour law stipulates that if an employer terminates an employee’s contract without a justifiable reason, it is considered an arbitrary dismissal.
This could occur when an employee lodges a complaint with the Ministry of Human Resources and Emiratization (MoHRE) or initiates legal action against the employer, and their claims are verified.
Employees who suspect an arbitrary dismissal can file a complaint with the MoHRE, which will attempt to resolve the matter amicably. If no agreement can be reached, the case will be escalated to the relevant Court.
Compensation for termination of employment UAE.
If the Court determines the dismissal was arbitrary, the employer must compensate the employee.
The amount of compensation will be decided based on various factors, such as the nature of the work and the extent of harm suffered by the employee.
It should be noted that the compensation will not exceed the employee’s wages for three months, calculated based on their last salary.
Article 47 UAE labour law.
The law outlines a few key provisions to protect employees from unjust termination:
Unjustified termination is when an employee lodges a valid complaint with the Ministry of successfully pursues legal action against the employer.
The employer must provide the employee with fair compensation as the Court determines if the termination is unjustified. The compensation is calculated based on factors such as the nature of the work, the harm suffered by the employee, and the duration of their service.
However, the compensation should not exceed three months’ wages, based on the employee’s current salary.
These provisions do not diminish the employee’s right to receive payment in lieu of notice and severance pay, as stipulated in the law.
FAQs about employer falsifying wrongful termination reasons UAE.
Remember, filing a complaint can be time-consuming and may require legal assistance. However, it’s crucial to take action to protect your rights when your employer falsifying termination reasons in UAE.
Contact the office of Al Mulla via Whatsapp. Click here. Or visit us at our law firms: Dubai. You can also call us on phone: 00971501961291.
We recommend you read How to Sue for Wrongful Termination in UAE and learn about Employee rights on termination in UAE Dubai. Also, you can contact the Best 3 wrongful termination lawyers near you in Dubai.
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.