إسأل Lawyer الآن

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

Lawyer

Hello attorneys goodevening I am security in...

تم تقييم هذه الإجابة:
Hello attorneys goodevening I am security in abudhabi for 5 years already,I made a mistakes 5 times infact I got fine each then my company said this is your Last warning the next is terminated.question it is a ground for terminated even I've never violate the UAE rules and regulation? thanks for the answer I am so depressed actually aside as a Long hour duties and front liner

إطرح سؤالك

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.9%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that
Please note that an arbitrary or unfair dismissal takes place when an employer terminates an employee or forces him to resign without any justifiable reasons.

And according to Article 122 of the UAE Labour Law, arbitrary termination of an employee happens when an employee is fired for reasons not related to work performance, or when the employee files a valid complaint against an employer, which made the latter terminate him maliciously.

In article 120 of the UAE Labour lays out the reasons for which termination without notice is lawful.

Article (120) 

The employer may dismiss the employee without notice in the following cases: 

1) If the employee adopts a false identity or nationality or if he submits forged documents or certificates.

2) If the employee is appointed under a probationary period and dismissal occurred during or at the end of said period.

3) If he commits an error causing substantial material loss to the employer provided that the latter advises the labour department of the incident within 48 hours from having knowledge of the same.

4) If the employee violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at conspicuous places and in case of an illiterate employee the latter be informed verbally of the same.

5) If he fails to perform his basic duties under the contract of employment and persists in violating them despite formal investigation with him in this respect and warning him of dismissal if the same is repeated.

6) If he divulges any secrets of the establishment where he is employed.

7) If he is awarded final judgement by the competent court in respect of an offence prejudicing honour, honesty or public morals.

8) If during working hours he is found drunk or under the influence of drugs.

9) If in the course of his work he commits an assault on the employer, the manager or any of his colleagues.

10) If he absents himself without lawful excuse for more that twenty intermittent days or for more than seven successive days during one year.

If you believe that you have been dismissed illegally, you can complain to Ministry of Human Resources and Emiratisation, wich will try to solve the issue in an amicable way.

In case that an amicable settlement is not reached, then they will transfer the case to the respective court.

As per Article 123 of the UAE Labour Law, if arbitrary dismissal is proven, the court will order the employer to pay you a compensation. Still the amount of compensation must not exceed the wage for a period of three months, plus you can claim your gratuity, notice period dues or any other unpaid dues entitled from your employer.

In the event that the intended question is otherwise, you can kindly ask us in detail and we will respond to it in the shortest time frame.

إسأل Lawyer

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار