Terminating employment contracts the official portal of. Uae labour law article 120 the employer may dismiss the employee without notice in the following cases. Here you can find information pertaining to the united arab emirates labor law both in the private sector and public sector as promulgated by the ministry of labour. If the employee adopts a false identity or nationality or if he submits forged documents or certificates. This page will be continuously updated to communicate any new advancements to the uae labor law.
Dubai labour law article 122 employer may dismiss a worker without notice an employer may dismiss a worker without notice, provided that the dismissal is in writing, based on valid grounds and handed to the worker, if and only if the worker. The reasons for a termination for cause are exhaustively provided in article 120 of the uae labour law. Article 120 of uae labour law allows the employer to terminate the employment relationship without giving a notice in case of committing any of the actions mentioned in the article please note that the motive or the reason to commit any of these actions should not be considerable to the employer and is a very weak argument if it is raised before the court. Article 120 of uae labour law lists clauses when employer may enforce these penalties uae labour law. The following text comes from the uae ministry of labour s uae labour law. First, the employer will think to start a formal disciplinary process in order to give proper consequences to the employee. Should the employment contract be of a limited term, and the employer terminated the same for reasons not set forth in article 120, he shall be bound to compensate the worker for the damage incurred thereto, provided. An employee went on an emergency leave due to his mothers hospitalization and after 45 days she passed away. The difference between these two lies in the conditions for the termination and end of service gratuity pay. According to article 123 of the uae labour law, if arbitrary dismissal is proven, the court can order the employer. The uae labour law has set the number of working hours per week at 48 hours, and employers who compel workers to exceed this limit without paying them are violating labour rules.
Askparvathy employment uae uae labor law explained arbitrary termination of employment. Be careful, you can be fired for nonperformance news. Can my services be terminated over absence from work. As per uae labour law article 120, the employer has right to terminate the employment contract without notice only if the worker employee. The preceding cases of employment coming into force of present law shall not be deemed cases for which the worker is entitled to end of service gratuity with the exception of cases such as nationals, without prejudice to any rights exercised by the worker by virtue of revoked labour laws, employment contract, regulations or bylaws of establishment. If you are fired or terminated under uae labour law article 120, there are no benefits except that you will paid salary till your last working day. Jul 04, 2018 accusation of theft and termination under article 120. Below is the labour law, as published by the uae ministry of labour with regards to termination of emplyment contracts. If an employee believes that he has been dismissed illegally, he can complain to ministry of human resources and emiratisation. Gratuity or end of service benefits is the right of every employee who works in uae under uae labour law.
Summary dismissal by the employer is allowed on the basis of one of the 11 exhaustive grounds under articles 88 and 120 of the uae labour law. However, there are exceptions to when gratuity may not be applicable and uae labour law provides for specific scenarios when the gratuity need not be paid by the employer to the employee. Gratuity is calculated on the basis of the basic salary. An employer may dismiss a worker without notice in any of the following cases. Regarding contracts of employment concluded for a specified term, article 115 of the uae labor law describes as arbitrary termination by the employer, a termination for reasons other than those specified in article 120 and requires the employer to compensate the worker for any prejudice the latter sustains provided that the amount of compensation shall in no case exceed the aggregate remuneration due for a period of three months or the residual period of the contract whichever is. This article provides a general overview of the relevant legal requirements employers should be mindful of under federal law no. Arbitrary termination of employment under uae labor law. However, since this is clearly written in the uae labour law, companies could adhere to this. This is in accordance with article 120 e of the federal law no. Types of employment contract in the uae uae labour. There is a list of reasons that a termination can indeed be done by an employer without any notice at all. Employment of workers children and women section i. Article 1202 of the uae labour law says an employer may dismiss a worker without notice if and only if the worker.
If dismissed under article 120 article 121 employee and employer. According to article 3 of the law, the law applies to all staff and employees working in the united arab emirates, whether uae national or expatriate. This is covered under the article 120 of the uae labour law. Sep 12, 2017 gratuity is calculated on the basis of the basic salary. In accordance with article 102 of the uae labour law, an employer may impose certain disciplinary penalties on its employees, which include a warning, fine or dismissal.
Hi sirmaam, i was terminated from my company on the accusation of theft. Article 120 of uae labour law allows the employer to terminate the employment relationship without giving a notice in case of committing any of the actions. Article 120 deals with the conditions under which and employer can terminate an. Article 110 of the uae labour law sets out strict legal formalities, which provide that the penalties listed under article 102 may not be imposed unless. According to article 120 uae labor law, an employer can suspend a worker without any notice under the following circumstances. If the worker is engaged on probation and is dismissed during the. Terminating an employment contract in the uae dubai law firm. The court will assess the value of compensation taking into account the type of work, the extent of damage incurred to the employee and the duration of the employment. Work permits may only be granted if the following conditions are fulfilled. Article 110 of the uae labour law sets out strict legal formalities, which provide that the penalties listed under article 102. There is also a contract for parttime employees, which was implemented last 2018. Arbitrary dismissal the official portal of the uae government. Early termination of the limited contract is allowed only and exclusively at the occurrence of any of the situations specified in article 120 of the employment law. Article 120 is amended in the year 1980 under the uae federal labour law no.
With regard to employees paid on piece work basis, allowance shall be calculated on the basis of the average daily pay provided for in uae labour law uae labour law article 57 hereof. Mar 07, 2010 dubai labour law article 122 employer may dismiss a worker without notice an employer may dismiss a worker without notice, provided that the dismissal is in writing, based on valid grounds and handed to the worker, if and only if the worker. Welcome to the united arab emirates labor law website. Article 1 of the uae labor law provides that a contract of employment shall. Uae labour law 70 uae labour law news 41 dubai property law 23 uae ministry of labour 10. What does article 120 of the uae labour law states. Federal law no 8, for 1980, on regulation of labour relations 2. The uae labor law provides certain rights to both employees and employers. My company said that they have a cctv footage which they did not present during the committee meeting on 03 jan. I know of companies who do not follow this article and do pay their employees who resign before completion of 5 continuous years of employment under limited contract.
This means both, companies and individuals need to follow uae labor law in uae. As per article 123 of the uae labour law, if arbitrary dismissal is proven, the court will order the employer to pay a compensation to the employee. In article 116 of uae labor law, is the 45 days pay out on. The united arab emirates labor law website also contains resources for understanding the current economic situation in the uae labor law, migrant rights, and other helpful tools to assist with further analysis of labor related functions in the country. Uae employee on unlimited contract is made redundant, what. Welcome to, your partner for building up a career in dubai uae which also includes other areas of united arab emirates uae like sharjah, abu dhabi, al ain, ras al khaimah, fujairah, um al quwain. If the employee is appointed under a probationary period and dismissal occurred during or at the end of said period. Here are some of the clauses punishable by law or disciplinary actions. This includes submitting fraudulent documents of any kind. The court will assess the value of compensation taking into account the type of work, the extent of damage incurred to the employee and the duration of.
Apr 09, 2019 article 120 is amended in the year 1980 under the uae federal labour law no. If the employer or his legal representative has committed an act of assault against the employee. Arbitrary dismissal the official portal of the uae. End of service benefits of employee under unlimited contract. Termination of employment under article 120 of uae labour law. Article 65 of uae labour law states that the ordinary workhours for an adult worker is eight hours per day, i. Faqs terminating an employment contract in the uae. The reasons specified in article 120 are the following. Compensation for arbitrary dismissal in uae uae labour law. Below is the labour law, as published by the uae ministry of labour with. It confers no rights and imposes no obligations separate from those conferred or imposed by the original arabic legislation formally adopted and published.
An annex of renewal of limited term employment contract. If the worker adopts a false identity or nationality or submits forged certificate or documents. Important changes have been introduced to the uae labour law. Uae labour law uae labour law disclaimer this english language text is not an official translation and is provided for information purposes only. The full text version of the uae labor law including its amending texts is available on the site. If the worker is engaged on probation and is dismissed during the probationary or on its expiry. The uae labour law provides for two ways in which an employer can lawfully terminate an employee. Yes, the employee can lose hisher gratuity entitlement only if heshe breaches the employment contract in a manner that allows the employer company to terminate the worker for cause mentioned in uae labour law article 120, the other reason when an employee can lose his end of service benefits are. Sep 14, 2017 termination of employment under article 120 of uae labour law. In such scenario you are able to prove that your salary has no other allowances or recurring earnings besides your basic salary, you might be entitled to a gratuity calculated on the basis o. Employers can complain misbehaving employees uae labour.
Terminating employment contracts the official portal of the uae. Uae labour law limited contract and unlimited contract al. There is little that you can do when you are fired under article 120 of the uae labour law. End of service benefits of employee under unlimited. When an employee misbehaves or does anything related to misconduct, employers face multiple issues too. Article employees who are not uae nationals may be employed in the united arab emirates only after approval of the labour department and the obtainment of a work permit in accordance with the procedures decided by ministry of labour and social affairs. According to article 120 of the uae labour law, the following is deemed lawful to be done by employers. It is stipulated under the provisions of article 116 of the uae labour law no. Should the employer or the legal representative thereof assault the worker.
Some of the things to consider under the law of arbitrary dismissal are part of article 120 of the uae labor law. Article 120 of the uae labour lays out the reasons for which termination without notice is lawful. In the article 122 of the uae labour law, it states there that a termination of an employee with the reason that is unrelated to work or because an employee has filed a complaint against an employer that results to termination means that it is an unfair dismissal. It covers each and every aspect related to the employees and employers. Uae employee on unlimited contract is made redundant, what benefits are due. Article 122 of the uae labour law defines that when a worker is dismissed by his employer for a reason irrelevant to the work, it is arbitrary termination. An employee is found to be using a false identity or nationality. Warning, paycut, dismissal 7 mustknow penalties news emirates emirates247. The rules and scenarios mentioned there are crystal clear as to the offences that ministry of labour considers serious. If the worker adopts false nationalityidentity and submits fake certificatesdocuments he will be terminated. Accusation of theft and termination under article 120 q.
Non nationals may not engage in any work within the state except in accordance with the conditions stipulated in this law and its executive orders. Termination without reason means unfair dismissals, termination on leave, maternity leave, without serving warning letters, or other legitimate reasons to raise a claim of wrongful termination or arbitrary dismissal. Uae labour law faqs with an expat community making up over 80% of the total population of the uae, federal law no. Understanding your employee rights is a very important part of living and working in the uae. Article 118 of the uae labour law states that a contract of employment will continue to be valid for the notice period and the parties cannot agree to reduce or dispense with the notice period.
Dubai labour law article 122 employer may dismiss a worker. According to article 123 of the uae labour law, if arbitrary dismissal is proven, the court can order the employer to pay an additional compensation to the employee. According to article 120 uae labour law an employer can terminate an employment contract without notice only if the employee. Is engaged on probation and is dismissed during or at the end of the probationary period. Does article 120 of labor law in case of termination by employer cover the following situation.
Terminable offenses in uae as per article 120 uae labour law. Terminating employment contracts the official portal of the. The uae labour law provides that an employer may terminate an employee. An employer may terminate the employment contract, whether of specified or unspecified term, and dismiss the employee without notice and with immediate effect for any of the reasons specified in article 120 of the uae labor law, and such termination will be deemed as lawful. Accusation of theft and termination under article 120. According to article 126 of the uae labour law, the contracts of employment of all employees transfer onto the new owners and both the new and old owners will be jointly responsible and liable, for a period of sixmonths. Employment of workers article 9 work is an inherent right of the nationals of the united arab emirates. One of the aspects that uae labour law covers is the termination of employment contract by employers. No gratuity for these employees in uae uae labours. Dubai labour law article 122 employer may dismiss a.
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