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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Please help about UAE Labor law

تم تقييم هذه الإجابة:
Please help about UAE Labor law

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

please provide us with you inquiry in details, and we will provide with the respond as soon as possible according to the mentioned facts

الرد من العميل

I want to know if they can terminate an employee if the employer don’t have proof?

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

The UAE Labor Law grants the right to the worker to terminate the work contract in one of two cases:
Article (121)
The worker may leave work without warning in one of the following cases:
- If the employer violates his obligations before the worker in the articles stipulated in the contract or law.
- If the employer or his representative legally assaults the worker.

الرد من العميل

Like for instance about money matters. If the employer don’t have proof

الرد من العميل

Can the employer terminate the employee?

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Since you are fired from work in accordance with Article 120 of the UAE Labor Law, find the following information:
If you have been unfairly dismissed, you can file a complaint at the Ministry of Human Resources and Emiratisation against your employer
In order to obtain the following rights:
A compensation for the arbitrary dismissal, which is a compensation which does not exceed three months' salary.
End of service benefits, which is calculated at the rate of twenty-one days' salary for each year of service.
Flight tickets.
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.
Also, the UAE Labor Law has specified in Article 120 the reasons that the employer can rely on in order to dismiss the worker, which are:
Article 120
An employer may dismiss a worker without notice if and only if the worker:
1. Assumes a false identity or nationality or submits forged certificates or documents.
2. Is engaged on probation and is dismissed during or at the end of the probationary period;
3. commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labor department of the incident within 48 hours of his aware of its occurrence;
4. disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
5. defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated;
6. is finally convicted by a competent court of a crime against honor, honesty or public morals
7. reveals any confidential information of his employer;
8. is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
9. assaults the employer, the manager in charge or any of his workmates during working hours; or
10. absents himself from work without a valid reason for more than 20 non successive days in one single year, or for more than seven successive days.

الرد من العميل

So if the employee joined last January 2020 and the company was closed for 7 months because of the corona pandemic and re open last November, can the employee get a compensation for arbitrary dismissal?

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

You can file a complaint in the Human Recourses Ministry to get compensation. The ministry's decision is according to the real reason for closing the company.
If the reason was serious then the worker will not get compensation.
However, if the reason wasn't serious, then the worker will get compensation for that. 
 

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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