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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Hi,

تم تقييم هذه الإجابة:
Hi,
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu Dhabi
Lawyer's Assistant: Has anything been filed or reported?
Not yet
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It is regarding my arbitrary dismissal from the employment without a reason while I was going through treatment for a chronic, irreversible and life threatening medical condition. I worked in the same company for 27 years.

إطرح سؤالك

الرد من العميل

Can I challenge the employers decision to terminate me before the labour or court considering my medical condition and long time service? Also, the decision was made by the company without a proper justification.

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that if your inquiry relates to arbitrary dismissal, here are the information below:
The UAE Labor Law has granted the worker the right to appeal against the arbitrary dismissal decision, and you may file a complaint at the Ministry of Human Resources and Emiratisation against the employer to obtain a compensation for the arbitrary dismissal, which does not exceed three months' salary. The labor court judge will decide whether the reason for the dismissal is legal or whether the arbitrary dismissal decision seems to be arbitrary.
Here is the text of the UAE Labor Law related to your inquiry:
Article (123):
1 - Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2 - The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.

الرد من العميل

This is understood.But my question is:I am a long time employee of this company for 27 years. Last year I was diagnosed with a chronic and life threatening medical condition and currently under treatment for the same using company provided medical insurance card. The cost of treatment is huge (about Dh 50k for 3 months' medication). However, the illness does not interfere in my work and my performance has been satisfactory as it was used to be.During exit interview I informed the company regarding my illness. I told them about the treatment cost. Dismissing me from the job (which is also non-mandatory) in turns depriving me from continue my medical treatment as my insurance card will also be cancelled along with my visa. However, the exit interview board reassured me that I can write my grievances to higher management and shall be considered leniently.Keeping the above in my mind I have written the company management to provide my full EOSB disregarding my liabilities to the company or increase the compensation package.I gave them another option to cancel my termination as it a non-mandatory move due to a lower management personal grudge.However, all my requests were flatly rejected. I was compensated with 2 months' ex-gratia along with my EOSB after deducting all my liabilities which is not at all sufficient for my family's future financial needs.My chances of getting a new job is also slimmed down due to my challenging medical condition.I am survived with wife and four children and all of them are born and brought up here in Abu Dhabi.I really think I have all the right to ask the company for higher compensation in the wake of my challenging medical condition and I was subjected to a non-mandatory arbitrary dismissal while I was going through treatment for the same.Please let me know your opinion if my above situation has a merit to present in the court of justice which I thought always support humanity and human rights.Thank you for your prompt reply.

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

As a complement to our previous answer, we refer to the following information:
The UAE Labor Law stipulates that workers shall be compensated for arbitrary dismissal, which shall in no case exceed three months' salary.
The worker will not be awarded compensation for more than three months' salary.
The worker may also ask the employer to pay the end of service benefit, which is calculated as a salary of twenty-one days for each year of service of the first five years.
The salary of one month for each year exceeds that provided that the total of end of service benefit does not exceed two years' salary.
If the employer fails to pay the benefit, the worker may file a complaint at the Ministry of Human Resources and Emiratisation.
Finally we point out that it has no legal benefit to claim compensations more than what we have explained to you, since the text of the law is explicit and clear.
Here are the texts of the UAE Labor Law related your inquiry:
Article (132)
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article (133):
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article (134):
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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