In UAE, a diligent employee received an unexpected termination notice without warning or a clear reason. Shocked and feeling unfairly treated, they began questioning whether this act qualified as unfair dismissal and what rights they had to seek justice.
This scenario is not uncommon—which is why it’s essential to understand what constitutes unfair dismissal in UAE and how UAE law protects employees.
Don’t let unfair dismissal go unchallenged. Click on the WhatsApp icon below, to connect our licensed lawyer.
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What Is Unfair Dismissal Under UAE Labor Law?
Unfair (arbitrary) dismissal occurs when an employer terminates an employee without a valid reason related to work performance or ethics, particularly if the termination stems from:
- Filing a legitimate complaint with the Ministry of Human Resources and Emiratisation (MOHRE).
- Initiating a justified labor lawsuit against the employer.
As per Article 47 of Federal Decree-Law No. 33 of 2021, any dismissal due to filing a complaint or legal claim is considered arbitrary and entitles the employee to compensation.
Employee Rights in Case of Unfair Dismissal in UAE
The UAE labor law guarantees the following rights to employees dismissed without just cause. These protections are designed to uphold fairness and accountability in the workplace and empower employees who are victims of unfair dismissal:
1. Compensation for Unfair Dismissal
The employee may receive compensation of up to three months’ salary, as assessed by the court.
This compensation depends on factors such as job nature, duration of service, and the harm suffered.
2. End-of-Service Gratuity
As per Article 51 of the same law, workers with over one year of service are entitled to:
- 21 days’ salary per year for the first five years.
- 30 days’ salary per year for subsequent years.
3. Notice Period Pay
If the employer fails to observe the agreed notice period (usually 30 days), the employee is entitled to compensation equal to that period.
4. Payment for Unused Annual Leave
Employers must compensate the employee for any unused leave days, based on the most recent salary.
Steps to Take If You Face Unfair Dismissal
If you believe your dismissal was unfair, follow these steps to protect your rights under unfair dismissal in UAE law:
- File a Complaint with MOHRE
- Submit your complaint online or visit a MOHRE service center.
- MOHRE will summon both parties for mediation and may issue a referral to the labor court if unresolved.
- Approach the Labor Court
- If no resolution is reached through MOHRE, file a case in the Labor Court.
- It is advisable to seek representation from a licensed labor lawyer.
When Is Termination Considered Lawful?
According to Article 44 of Federal Decree-Law No. 33 of 2021, termination is lawful in situations such as:
- Mutual agreement between the employer and employee.
- Expiry of a fixed-term contract without renewal.
- Valid reasons including serious misconduct such as:
- Forgery or impersonation.
- Disclosure of company secrets.
- Absence without valid excuse for 20 consecutive or 45 non-consecutive days per year.
Understanding these cases helps employees distinguish between lawful termination and unfair dismissal.
The Role of a Labor Lawyer in Dubai
Consulting our labor lawyer in UAE is critical for:
- Reviewing your employment contract and termination documents.
- Preparing a compelling case supported by documentation.
- Representing you during MOHRE mediation and court hearings.
- Calculating compensation and gratuity according to UAE law.
A specialized lawyer can make the difference between losing your claim and securing the full entitlements available under unfair dismissal in the UAE provisions.
FAQs
Unfair dismissal in UAE violates the employee’s legal rights under the UAE Labor Law. If you are dismissed without just cause, you have a right to challenge the termination and claim compensation under UAE legislation.
Don’t let unfair dismissal go unchallenged. Contact us today through the WhatsApp button for a private consultation with a qualified UAE labor law expert.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized legal support, consult a licensed lawyer in the UAE.
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