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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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HI Mohammad, we are a company based in DSO free...
HI Mohammad, we are a company based in DSO free zone Dubai. We are working remotely since 2020 and now we are fully remote work company. One of our UAE employee is working form her home country till September 2022 and we would like to terminate her for her poor performance.
Kindly advise if we can go head in terminating while employee is out of country.
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إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that Article 121 of the Federal Labor Law gives the employer the right to terminate the services of any worker who causes serious damage to the facility or refrains from working, and in this case the worker is not entitled to the end of service indemnity, and first the employer shall send a written notice to the workers to stop these practices at risk of taking legal measures against them.
The following are the provisions of the Labor Relations Regulation Law related to your inquiry:
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 labour department of the incident within 48 hours of his becoming 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 honour, 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.
Article 139:
A worker shall forfeit entitlement to his entire severance pay in any of the following two cases:
1. If he is dismissed from service for any of the reasons specified in Article 120
hereof or if he abandons his employment in order to avoid being dismissed in accordance with that article.
2. If he abandons his employment of his own accord, otherwise than in either of the two cases specified in Article 121 hereof, without notice (in the case of indefinite term contracts) or before completing five years of continuous service (in case of definite term contracts).
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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