Terminate Employees in the UAE
Termination is the process of concluding the professional terms between the company and employer. The terminated individuals are no longer connected to the company when their service tenure ends. Long-term serving employees face complications in making their financial condition stable after being terminated.
UAE employers provide relative ease subjected to employment termination which is agreed by both parties in a contract. The employment contract could be terminated in both ways; legal or by unfair means which sometimes leads to legal allegations. A quick insight about wrongful termination is presented here
What does Wrongful Dismissal mean?
UAE Labour Law states that there are certain circumstances which depict wrongful dismissal of employees. Article 122 recognizes that termination is considered as unfair when it is not related to the employee’s performance or other legal conditions.
If the company does not follow the termination guidelines from the contract or dismiss an employee who is on official leave, then it would be construed as arbitrary dismissal. Termination without notice, for impractical causes, is also referred to as prejudiced dismissal. Other reasons for unfair termination:
- Being a whistleblower
- Workplace issue objector
- Rejecting illegal acts
- Public policy violation
Any other reason for termination which was not enlisted in the employment contract or local laws is considered an illegal act. Most of the time, employees do not know their rights thus it is suggested to hire legal attorneys to know whether you were fired under the legal umbrella or by unfair means.
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Can Wrongful Termination be Questioned Legally?
Employees bearing sudden terminations have so much to deal with which leads them to anxiety. Employees have the right to take legal action against the company with evidence. Consultation with best lawyers in the region always pays off as they are expedient in dealing with such cases as per the law.
UAE Labour Law Article 123 states that companies should provide a payable compensation amount if the legal allegations imposed by the employee are proved real in court. As per the rules and regulations of UAE, employees working under fixed duration contracts provide the sufferers with a three-month salary.
Claim Rights through Employment Contract
Legal work permission is significant for employees before lending hand from UAE Labour Authorities. UAE has dedicated The Ministry of Labour and Social Affairs to sort out the employment issues. If a person thinks that he was wrongfully terminated, he can file a request to seek justice
Employees should document an objection when they realize that they were fulfilling their responsibilities under the terms of the contract whereas the termination was carried out by unfair means. Employers are subjected proof the accusations wrong and if they fail to verify, strict legal actions are taken against them
Either the employee is working in a Free zone or LCC firm, he can get compensation if the company owner does not act in accordance with the employment contract. Wrongful termination is against the UAE laws which make the room for lawful claim and compensation