How to sue a company for wrongful termination in UAE?
This article discusses wrongful termination of employment and how to file a lawsuit to claim compensation following the procedures in the UAE.
Table of Contents
How to sue a company for wrongful termination in UAE.
Before filing a labour lawsuit, the law stipulates filing a complaint to the Ministry of Human Resources and Emiratisation when unlawful termination happens.
The Ministry will try to solve the problem amicably between the parties, and if there is no feasibility, then the case will be referred to the competent courts.
When referring your complaint to the judiciary, you must adhere to the following:
- Recording the labour complaint with the respective court within 14 days from the approved date of referral to the judiciary.
- Only to work for another employer with obtaining a permit from the Ministry.
- If the working relationship between the two parties ends, submit a request to cancel the original work permit within four days of issuing the final judgment in the labour case.
To sue a company for wrongful termination in the UAE, follow these steps:
- File The lawsuit supporting documents, and copies thereof, according to the number of litigants.
- Attach the Labor Department at the Ministry of Labour referral to refer the dispute to the court, including a summary of the disagreement, the two parties’ arguments, and the Labor Department observations.
- Attach the Conciliation and Reconciliation Committee referral with no objection to considering the dispute before the courts.
- Proving the identity of the claimant.
- Proving the agency with an official document in the case of an agent.
- Payment of the prescribed fee.
While the legal procedures to file a labour lawsuit are as follows:
- Submission of the lawsuit statement and copies thereof as much as the number of litigants to the electronic registration department.
- Registering The lawsuit after the prescribed financial fees are paid.
- Setting a session to consider the case, to which the defendant shall be notified.
- Hearing The case and the court’s decision or judgment will be based on that.
The report must include the following:
- The words of the plaintiff and the defendant.
- An indication of the domicile, place of work, or chosen residence.
- The subject of the case.
- The requests and their supporting documents.
- The date of submission of the lawsuit.
- The court before which the claim is filed.
- The signature of the claimant or his representative.
And this is how to sue a company for wrongful termination in UAE.
Wrongful termination compensation.
According to Article 123 of the UAE labour law, when the employee is terminated or dismissed for wrongful reasons. The employer is responsible for paying the appropriate compensation to the employee.
The court is responsible for estimating the amount of compensation based on many factors, like:
- The type of work performed by the employee.
- The extent of the loss or damage to the employee.
- The duration of the working period.
- The investigation was conducted on the work conditions.
It should be noted that in all cases, the amount of compensation should not exceed the value of the employee’s salary for three months.
Based on this, the compensation is calculated based on the value of the employee’s last pay was entitled to.
FAQs about wrongful termination.
At the end of our article on how to sue a company for wrongful termination in UAE, we learned the most critical steps and procedures to file a labour lawsuit to obtain the appropriate compensation.
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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.