wrongful termination in UAE

Wrongful Termination in UAE

Ahmed worked diligently at a Dubai-based company for three years. Unexpectedly, he was dismissed without any prior warning or explanation, and his final dues were not settled. Confused and concerned about his rights, Ahmed wondered whether this termination was lawful and what steps he could take. If you find yourself in a similar situation, understanding wrongful termination in UAE is essential to protecting your employment rights.

For expert legal assistance in wrongful termination cases, click on the WhatsApp button at the bottom of the screen.

What Is Wrongful Termination In UAE Law?

In the UAE, wrongful termination occurs when an employer ends an employee’s contract without a valid reason or proper procedure as defined by Federal Decree Law No. 33 of 2021 on labor relations. The law protects employees from unfair dismissal and requires that termination must be based on legally justified causes and due notice.

These are Common wrongful termination scenarios include:

  • Termination without prior warning or valid cause.
  • Dismissal before the expiry of a fixed-term contract without mutual consent or legal justification.
  • Termination in retaliation against employees exercising their legal rights.

Employers must comply with the legal framework, including providing evidence of a legitimate reason if questioned.

How to Take Legal Action Against Wrongful Termination?

If you suspect your dismissal was wrongful, taking timely and informed legal action is crucial. Here are key steps to follow:

  1. Consult a specialized labor lawyer immediately:
    Legal advice is vital to evaluate your case and prepare necessary documentation. Contact our law office via the WhatsApp button for confidential consultations.
  2. Gather evidence:
    This includes your employment contract, termination letter, salary slips, any warnings or correspondences, and witness statements if applicable.
  3. File a complaint with the Ministry of Human Resources and Emiratisation (MOHRE):
    Complaints must generally be submitted within three months from the date of termination.
  4. Attend amicable settlement sessions at MOHRE:
    The ministry attempts to resolve disputes amicably through mediation.
  5. Proceed to the competent labor court if no settlement is reached.
    The court will examine the case and issue a binding judgment.

Procedures for Wrongful Termination Lawsuit in the UAE

The legal process for a wrongful termination lawsuit typically follows these stages:

StepDescriptionTimeframe
Filing a ComplaintSubmit complaint to MOHRE with all supporting documentsWithin 3 months of termination
Amicable Settlement SessionMediation between employee and employerWithin 7 days of complaint filing
Referral to Labor CourtIf no settlement, MOHRE refers the case to the labor courtImmediately after mediation fails
Court HearingLabor court schedules a hearingWithin 3 days of case receipt
Judgment IssuanceCourt issues judgment on wrongful termination and compensationVariable, typically weeks to months
Appeal (if applicable)Parties may appeal court decision within legal deadlinesUsually 15 days from judgment

Employees must pursue all legal steps within one year to avoid losing their rights, contact us for more details.

Employee Rights After Wrongful Termination

Employees facing wrongful termination in UAE are entitled to several important rights, such as:

  1. Compensation:
    Calculated based on factors such as:

    • Nature and complexity of the employee’s role.
    • Duration of service.
    • Salary at the time of termination.
    • Extent of damages suffered by the employee.
    • The compensation cannot exceed three months’ salary.
  2. End-of-Service Gratuity:
    Payable if the employee completes at least one year of continuous service, calculated per UAE labor law.
  3. Other Financial Entitlements:
    Including unpaid wages, accrued leave, bonuses, and any delayed payments owed by the employer.
  4. Right to Reinstatement:
    In some cases, the court may order reinstatement if the dismissal is found unlawful and the employee wishes to return.

Legitimate Reasons for Termination Under UAE Law

An employer may lawfully terminate employment for valid reasons including, but not limited to:

  • Forgery or submission of false documents.
  • Serious misconduct causing significant harm or financial loss.
  • Breach of internal company regulations after prior warnings.
  • Failure to perform duties despite warnings.
  • Disclosure of company secrets causing material damage.
  • Criminal convictions affecting employee integrity or workplace reputation.
  • Repeated unauthorized absences.
  • Assault or threatening behavior toward colleagues or management.
  • Working elsewhere in violation of contract terms.
  • Engaging in personal activities during working hours.

Employers must prove such reasons with sufficient evidence in case of disputes.

Frequently Asked Questions (FAQ)

Termination without a valid legal cause or due process is considered wrongful under Federal Decree Law No. 33/2021.
You must file within three months of your termination date.
Only under specific circumstances defined by law, such as gross misconduct.
Up to three months’ salary plus any unpaid wages, leave, and end-of-service benefits.
Yes, if the court orders reinstatement and the employee consents.

Wrongful termination in UAE can significantly impact employees’ livelihoods, but the law provides clear protections and remedies. Understanding your rights and the proper legal procedures is crucial to securing fair compensation and justice. If you believe you have been wrongfully terminated, seek professional legal advice without delay.

Our lawyers in dubai offers dedicated expertise in labor law disputes, including wrongful termination cases. Contact us via the WhatsApp button at the bottom of the screen for confidential and thorough legal support.

Read more about Compensation for Termination of Employment in UAE.

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