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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hello Sir, My employer terminated me without any...

تم تقييم هذه الإجابة:
Hello Sir, My employer terminated me without any valid reasons. They told me poor performance after 12 year and 10 months of service. I used to get increment every year for my good performance. They called me after day working hour and told me not to come from next day. Mine is unlimited contract under RAKEZ. I have not issued any warning or notice about poor performance in my 12 years of experience.

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إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.5%

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.

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.

الرد من العميل

Thanks,In my case company informed me that, due to my poor performance they are terminating me. Not given any valid reasons in writing. Forced me to sign the letter. I spoke to MOL, they told me, if there is no 3 warning letter, its illegal termination. They can not find my records in MOHRE, I checked in RAKEZ. They are telling its unlimited contract, company can terminate with one month notice at any time.Kindly confirm

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.8%

In case of unlimited contracts, an employment relation is terminated in one of the following instances:

  • Both, the employer and employee mutually agree to terminate the contract.
  • When either party decides, at any time, to terminate the contract provided that the terminating party abides by the legal notice requirements and continues to honor his obligations for the duration of the notice period, which cannot be less than one month and no longer than three months.
  • When either party acts unilaterally to terminate the contract, without complying with the legal notice and without reasons of default by the other party - in this case, the terminating party bears the legal consequences of early termination.

Termination without notice

An employment contract, whether limited or unlimited can be terminated without notice period by either party in accordance of the UAE Labour Law.

If an employee has an employment contract with indefinite period, termination can be made by informing the other party in writing. The notification should be given at least 30 days before the termination. In lieu of notice, either party may pay the other an amount equivalent to 15 to 7-day salary.

الرد من العميل

I have asked to stop immidiately reporting work any one month notice period salary paid. Company has not mentioned any reason for termination in my notice letter. Can I demand for 3 months salary?Kindly advice.

الرد من العميل

One more question.Is company is liable to pay HRA if they terminate during COVID19 pandemic on the basis of poor performance? Or this law is applicable for only the people terminated due to covid19 reason. Kindly confirm.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Federal Labor Law, in the event of refusal to transfer and the worker's termination of work, the matter may be considered an arbitrary dismissal and the text of the article applies to it.
Article 115
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract. unless the reason for termination is related to what is stipulated in Article (120)

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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