Employees in the UAE have legal protections against wrongful contract termination.
The revised labour legislation of the United Arab Emirates, Federal Decree-Law No. 33 of 2021 Regulating Labor Relations, provides clear guidelines on what constitutes arbitrary dismissal.
This article will delve into the provisions outlined in the new labour law regarding wrongful agreement termination and the legal remedies available to employees who have been wrongfully terminated.
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Table of Contents
What is Wrongful Contract Termination?
Wrongful contract ending occurs when an employer terminates an employee’s contract without a valid and justifiable reason.
Under Article 47 of the UAE Labour Law, if an employee can substantiate their claim of arbitrary dismissal, they are entitled to compensation for the wrongful termination.
This can include claims for end-of-service gratuity, any outstanding notice period dues, or any other unpaid entitlements from their employer.
Article 47 Arbitral Dismissal Legal Provision.
The provisions outlined in the new labour law provide clear guidelines on what amounts to arbitrary dismissal and the legal remedies available to employees who have been wrongfully terminated.
Article 47 of the law says that if an employer fires an employee for filing a complaint with the Ministry of Human Resources and Emiratization (MoHRE) or starting a lawsuit against the employer, and if the validity of these actions is proven, the termination is illegal.
Arbitrary Dismissal Legal Remedies.
Employees who believe they have been wrongfully terminated can challenge their termination. They can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE) within a specific timeframe.
The MOHRE will investigate the complaint and attempt to resolve the issue through mediation or conciliation. If an amicable settlement cannot be reached, the case will be referred to the appropriate Court.
If the Court determines the dismissal was arbitrary, it may order the employer to reinstate the employee or provide appropriate compensation.
The compensation amount will be determined by considering various factors such as the nature of the work, the extent of harm suffered by the employee, and the duration of their service.
It is important to note that the compensation granted should not exceed the employee’s wages for three months, based on their last entitled salary.
FAQs about wrongful contract ending.
Conclusion.
The revised labour legislation of the United Arab Emirates, Federal Decree-Law No. 33 of 2021 Regulating Labor Relations, provides clear guidelines on what constitutes wrongful contract termination and the legal remedies available to employees who have been wrongfully terminated.
Employees who believe they have been arbitrarily dismissed can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE). If an employee’s complaint is not resolved through mediation or conciliation, they can pursue legal action in the labour courts.
Al Mulla, a labour lawyer and legal consultant, is the best legal expert to represent employees in labour contract cases in the 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.
Learn about the Best 5 wrongful termination lawyers in UAE Dubai and read about Labour Law for Termination of Employment in UAE Dubai 2023. Also, learn about Employee rights in case of termination 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.
