Can I Sue My Employer for Wrongful Termination in UAE? In our article, we will discuss this matter and answer some of its most common questions.
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Can I sue my employer for wrongful termination in UAE?
Terminating a worker by the employer is deemed illegal if it is due to the worker filing a serious complaint to the MOHRE or filing a legal suit against the employer and proving its validity under Article 47 of the Labor Law.
Suppose an employee believes that they have been terminated unfairly.
In that case, they may complain to the Ministry of Human Resources and Emiratization to investigate the underlying reasons for their dismissal and strive towards an agreeable settlement between the employer and the employee.
If the ministry fails to resolve the matter amicably, it will refer it to the competent court.
If the competent court determines that the employee was dismissed unfairly, it may order the employer to compensate the worker.
The amount of this compensation is determined by the type of work, the damage suffered by the worker, and the length of service and should not exceed the employee’s salary for three months, based on the last wage they were entitled to.
In addition to arbitrary dismissal compensation UAE, the employee retains the right to receive end-of-service benefits, notice pay, and any outstanding entitlements with the employer.
The Ministry of Human Resources and Emiratization has provided a way for employees who have been unlawfully terminated to follow the following steps:
- If an employee is wrongfully terminated, they must file a labor complaint with the ministry within 30 days of the incident.
- The ministry must take necessary measures to resolve the dispute within 14 days of receiving the complaint. This includes requesting the employer’s reason for termination.
- The ministry may resolve the issue by reinstating the employee, provided the employer gives the necessary assurances.
- Suppose the ministry cannot resolve the dispute amicably due to the employer’s obstinacy or the employee’s unwillingness to return to work. In that case, the matter must be referred to the competent labor court.
- The relevant labor court must schedule a hearing within three days of the request and issue a swift judgment. You can write a wrongful termination letter to your employer, which could result in the employees obtaining their rights if they have been subjected to mistreatment or injustice in their work.
The lawsuit, its limitations, and the nature of compensation resulting from unlawful termination by the employer fall under the following:
- The compensation for arbitrary dismissal is estimated based on the nature of the worker’s job and the amount of damage caused by the arbitrary dismissal. It is calculated based on the worker’s latest salary and does not exceed the three-month salary.
- End-of-service gratuity is granted at a rate of 21 days’ salary for each year of service for those who have served from one to five years and at the rate of 30 days’ salary for each year of service for those who have served more than five years. It is calculated according to the worker’s latest salary and does not exceed the salary for two years.
- The employee is given a warning allowance for the entire duration of the remaining period. It is calculated according to the worker’s latest salary with the employer. It should be noted that the time of the warning, according to UAE labor law, ranges from 30 to 90 days.
FAQs about wrongful termination in UAE.
Here are some FAQs about Can I Sue My Employer for Wrongful Termination in UAE.
At the end of our article today titled Can I Sue my employer for wrongful termination in UAE? from the office of Younis Mohammed Al Balushi, we hope that we have provided you with all the information you need on the topic of our article.
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We recommend you read about Negotiating wrongful termination settlements in UAE Dubai and learn how to Sue Company Wrongful Termination. Also, know the Employee rights in termination in UAE Dubai 2023.
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.