No fault termination of employment in UAE refers to ending an employment contract without attributing any fault or wrongdoing to the employee.
The employer typically initiates it, which is lawful termination, provided that the employer complies with the labour laws and regulations of the UAE.
In this article, we discuss no-fault termination of employment in the UAE 2024 and answer related questions.
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Table of Contents
No fault termination of employment in UAE Legal Framework
As we mentioned, ending an employment contract without attributing any fault or wrongdoing to the employees is legal as long as it complies with the labour laws and regulations of the UAE.
Under the Federal Decree-Law No. 33 of 2021, several circumstances may lead to the cessation of an employment contract.
These include the expiration or non-renewal of the contract and mutual agreement by both parties.
They also include cases where either party wishes to end the contract while adhering to the Labour Law Employment Termination provisions and notice period.
Termination with notice
According to Article 43, either party can terminate the employment contract for any ‘legitimate reason,’ provided they give written notification to the other party and serve a notice period of 1 to 3 months.
Termination without Notice
Under Article 44, an employer can terminate an employee’s services without notice under certain conditions.
These include instances where the employee has committed an error causing substantial material loss to the employer or violated safety instructions.
We recommend you read about the Employment Termination for Dishonesty in UAE.
Rights of the Employee
Employee rights on termination during the notice period include the worker being entitled to his full wage per the employment contract.
If the employer terminates the contract, the worker is allowed one day of unpaid leave per week to look for another job.
Arbitrary termination
If an employer terminates an employee for filing a complaint or lawsuit against them, this is considered unlawful termination.
Employees who believe they have been subject to arbitrary dismissal can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE).
Legal Services Related to No-Fault labor Termination in UAE
Our labor lawyer in Dubai specializes in providing expert legal services related to no fault termination of employment in UAE.
We guide employers and employees through the termination process while ensuring compliance with UAE labor laws. Below are the key services we offer:
- Legal consultation on UAE labour law compliance for termination.
- Drafting and reviewing termination notices.
- Advising on lawful reasons for no-fault termination.
- Representation in disputes related to termination.
- Assisting in negotiations for termination settlements.
- Filing complaints with MoHRE for unlawful termination.
- Ensuring adherence to the required notice period.
- Protecting employee rights during the termination process.
- Assisting employers in following correct procedures.
FAQs about no-fault termination of employment in UAE
Conclusion.
This article provided an overview of the laws and regulations surrounding no fault termination of employment in UAE. Both employers and employees must understand these laws to ensure a harmonious working relationship.
Contact our 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.
