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negotiating wrongful termination settlement in UAE

Negotiating wrongful termination settlement in UAE

    Negotiating wrongful termination settlement in UAE is an amicable way of using dialogue to resolve the issue of an employee’s unfair dismissal.

    This article will discuss important legal tips for negotiating a fair settlement for wrongful termination in 2024 and introduce the available legal help from an expert labor law firm.

    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.

    Tips on Negotiating Wrongful Termination Settlement in UAE

    Negotiating wrongful termination settlement in UAE

    As an employee who faced a wrongful termination case and wants a fair settlement without going to the courts, negotiation is your best choice to get your rights and save the relations with your boss.

    Here are some tips before entering into negotiations:

    • You must fully know your legal rights and familiarize yourself with the Labor Law.
    • Collecting sufficient and supporting evidence for settlement claims.
    • Your arguments must be ready, so work out different scenarios for the negotiation process in advance.
    • You must be prepared to bargain.

    For negotiating wrongful termination settlement in UAE to be effective, some necessary techniques must be available when negotiating to obtain a settlement, as follows:

    • Legal knowledge. The person who wants the settlement process must have experience and familiarity with the various laws and regulations to use them appropriately and in a simplified manner to reach a just and amicable settlement.
    • Negotiation and persuasion skills are essential for a settlement mediator because the primary goal of negotiation is to tactfully convince one or both parties of the possible solutions in a way that all parties understand.
    • Patience and wisdom. This talent lets the mediator absorb everything the parties put forward and work to correct their mistakes smoothly and streamline.

    MOHRE now plays a critical role in labor disputes, with its decisions legally enforceable through a writ of execution.

    If a settlement is not reached within 14 days, the dispute is referred to the court, and the ministry can order the continuation of salary payments for up to two months during the dispute.

    This requires the presence of a qualified and experienced person in settlement negotiations with the qualities we mentioned earlier, such as Al Mulla Labour Lawyers & Legal Consultants.

    Settlement amount factors

    When negotiating a wrongful termination settlement in UAE, the employer is responsible for all the due amounts for an employee who faced a wrongful termination case.

    The final settlement calculation comprises the computation of all obligations that must pay such as:

    • End-of-service gratuity.
    • Notice period pay.
    • Any unutilized leave.
    • Any compensation or benefits mentioned in the employment contract.

    In general, settlement amounts are determined based on the following:

    • Type of contract.
    • The number of years served in the work.
    • Reason for termination.
    • Basic salary.

    In wrongful termination cases, settlement amounts depend on the following:

    • The compensations which calculated based on the type of work, the amount of damage to the employee, and the time of service.
    • End-of-service allowance.
    • Warning allowance.
    • Any unpaid dues from the employer.

    In cases of wrongful termination, compensation is capped at a maximum of three months’ wage, calculated based on the last wage received by the employee.

    However, factors such as length of service, job position, and damage incurred will influence the court’s decision on compensation.

    We recommend you read how to sue a company for Wrongful Termination in UAE Dubai.

    Learn about the UAE labor law on termination of contract and read about Termination of employment entitlements in UAE Dubai.

    Expert Legal Help for UAE Wrongful Termination Settlements

    Al Mulla Lawyers & Legal Consultants specialize in providing top-tier legal services tailored to negotiating wrongful termination settlements in the UAE.

    Their expertise includes:

    • Wrongful Termination Settlement Negotiation: Skilled in mediating and resolving disputes between employees and employers, aiming for amicable and fair settlements without court intervention.
    • Legal Representation in Labor Disputes: If negotiations fail to achieve the desired outcome, we represent clients before the Ministry of Human Resources and Emiratisation (MOHRE) and UAE courts.
    • Comprehensive Settlement Calculation: Ensuring all dues are correctly calculated, including end-of-service gratuity, notice period pay, unused leave, and other compensations stipulated in employment contracts.
    • Compliance with UAE Labor Law: Providing advice and solutions aligned with the latest labor laws, ensuring both parties meet their legal obligations during settlement.
    • Pre-Court Mediation Services: We offer expert guidance and representation in mediation sessions to avoid prolonged legal proceedings.

    Al Mulla’s team of labor law experts ensures clients receive their rightful compensation and that disputes are handled efficiently, preserving professional relationships whenever possible.

    FAQs about wrongful termination settlement Negotiation UAE

    Full and final settlement is generally calculated based on the worker served period. For example, if the worker has served for more than a year but less than five years, the total settlement is calculated based on 21 days' salary for each year of work.
    You can sue for wrongful termination in UAE by first seeking resolution through the Ministry of Human Resources and Emiratisation. If unsuccessful, the case goes to court. As of 2024, the statute of limitations for filing a labor claim is two years from the termination date.

    In conclusion, we have provided you with valid and valuable legal information about negotiating wrongful termination settlement in UAE and the requirements for fair compensation.

    Suppose you want to solve your labour problem and reach the correct legal solution. In that case, the Al Mulla Lawyer’s Office is always ready with its high negotiating experience to help you, do not hesitate to contact us.

    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.

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