uae labour law termination

21/12/2020

Disclaimer: The following text comes from the UAE Ministry of Labour’s UAE Labour Law. We’ll send you latest news updates through the day. Article 113. This relationship is usually regulated by way of a contract of employment that sets out the rights and obligations of each party in light of the provisions of the Employment Law. Privacy Policy. The employer has to notify the employee within a 30-day notice period according to Article 117 of the UAE Labour Law. It shall not be permissible to agree on the exemption for the notice provision, or on the reduction of the period thereof. Under UAE Labour Law, poor performance or financial issues in the company are acceptable reasons for someone to be made redundant, as is a specific job role no longer required. j - Should he be absent without valid cause for more than twenty non-consecutive days in one year, or for more than seven consecutive days. UAE labour laws for termination are applied as per the type of contract, whether it is limited or unlimited. This section is about Living in UAE and essential information you cannot live without. Article 10 As amended by Federal Law no . Employment contract termination is legally allowed under logical reasons. 26/2020 (the "Federal Decree-Law") setting out the much anticipated amendments to the CCL. Notice period if terminated or dismissed: As per the UAE Labour Law the minimum notice period is 30 days. b - Two weeks should the worker have worked for a period of one year at least. Should the non-national worker leave work without a valid cause prior to the end of the contract with definite term, he may not get another employment even with the permission of the employer for a year from the date of abandonment of the work. As amended by Federal Law no. If an employee believes that he has been dismissed illegally, he can complain to. DDA has prepared an electronic form of Gratuity Calculator for sample calculation basis to Licensees and their employees in respect to […] Both, the employer and employee mutually agree to terminate the contract. 4 - Should the worker contest the amount of the said expenses and entitlements, the competent labour department shall specify such expenses and entitlement in an expedite manner within a week from the date of notification thereto, provided that it notifies the worker thereof upon their specification. An employment contract shall terminate in any of the following cases: 1. Please go to https://171.ae/en/?lang=en, your gateway to UAE government services. Either party can singly terminate a limited contract provided he complies with the legal consequences of early termination. Should the worker not vacate the accommodation after the elapse of the said thirty-day period, the Labour Department shall cooperate with the pertinent authorities in the emirate to take the necessary administrative measures for the vacation. Maintain physical distance; stay 2 metres (6 feet) away from others. 26 Jun 2018, 06:58 The employer may not terminate the employment of the worker for his medical unfitness before the exhaustion thereby of the leaves legally due thereto. It may also state your latest pay or wage details if requested. 12dated 29/10/1986: Should the employer or the legal representative thereof assault the worker. The employer shall give the worker, upon the request thereof and at the end of his contract, a certificate of end of service gratis in which the date of commencement and termination of the employment, the total duration of employment, the type of work performed, the last paid wage and supplements, if any, shall be mentioned. Chapter VII: Termination and Severance Pay - UAE Labor Law May 3, 2016 / 772 / Category : Uae Labour Law Share On Facebook Share On Twitter Section I: Termination of Employment. To find out more about the cookies and data we use, please check out our, Dear Reader, please register to read gulfnews.com, Password should have minimum 7 characters with at least one letter and number, Fashionably protected: Fashion law in the UAE, Fired or resigning? As amended by Federal Law no. Give us your feedback so we can improve your experience. Should the worker with a partial disability be capable of performing other works that are consistent with his health condition, and should such works exist, the employer shall transfer the worker upon the request thereof to such a work, and pay him the wage normally paid to the workers with the same title, and such without prejudice to the rights and compensations due to the worker by virtue hereof. Such compensation shall be equal to the wage of the worker with regards to the entire notice period or the reduced part thereof. 14 dated 17/10/1999: 1 - The employer shall submit to the competent labour department a banking guarantee whose type, value, procedures of submission, companies and institutions to whom it applies and other provisions related thereto shall be determined by virtue of a cabinet decision. In case of unlimited contracts, an employment relation is terminated if both the employer and employee mutually agree to terminate the contract, or when either party decides to terminate the contract provided that the terminating party abides by the legal notice requirements and continues to honour his obligations. 6.6 Are there any specific procedures that an employer has to follow in relation to individual dismissals? (8) OF 1980 and its Amendments. 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. Know the law regarding termination of your contract. b - Sums acknowledged by the employer before the competent Labour department as due to the worker. A limited contract cannot exceed two years' term and it must mention the notice period ranging from a minimum of one month to a maximum of three months. 5 - In such case, the thirty-day period referred to in clause 2 of the present Article shall run as of the date of the deposit by the employer of the specified expenses and entitlements into the treasury of the Ministry of Labour with the knowledge of the Labour Department. - Should a party to an employment contract with undetermined term wish the termination thereof, provided that such party abides by the provisions hereof related to the notification and the acceptable grounds for the termination of the contract in a non - arbitrary manner. Article 7 An employment contract shall terminate in any of the following cases: 1. However, if a pregnant woman is dismissed without a valid reason (i.e. UAE Labour Law 6 Chapter II: Employment Of Workers Children And Women Section I: Employment of Workers Article 9 Work is an inherent right of the Nationals of the United Arab Emirates. These cookies are used to improve your experience and provide more personalized service to you. The initiatives include a Ministry of Labour formatted employment contract to avoid contract substitution and set minimum employment standards, limiting the circumstances under which an employee can receive a labor ban which prohibits them from working in the UAE again for a set period of time, and allowing more freedom for workers to terminate their employment and transfer between employers. Non-national workers obtaining prior to the employment in another job the consent of the Minister of Labour and Social Affairs in accordance with the authorization of the original employer shall be exempt from the provisions of Articles 128 and 129. In addition to compensation, the employee can claim his gratuity, notice period dues or any other unpaid dues he is entitled to from his employer. d - Should the worker violate the instructions related to the safety at work or in the work place, provided that such instructions be written and posted in a prominent location, and that he is notified thereof should he be illiterate. 12dated 29/10/1986: Should the contract be rescinded by the worker for causes not set forth in Article 121, the worker shall be bound to compensate the employer for the loss incurred thereto by reason of the rescission of the contract, provided that the amount of compensation does not exceed the wage of half a month for the period of three months, or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract. the final ruling for a labour complaint referred to the labour court by MoHRE is in favour of the worker. The employment contract shall not be terminated with the death of the employer, unless the subject of the contract is related to the person thereof. adopts a false identity or nationality or if he submits forged documents or certificates, is appointed under a probationary period and dismissal occurred during or at the end of said period, 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, violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at conspicuous places or verbally informed to an illiterate employee, fails to perform his basic duties under the employment contract and persists in violating them despite formal investigation with him in this respect and warning him of dismissal if the same is repeated, divulges any secrets of the establishment where he is employed, is awarded final judgement by the competent court in respect of an offence prejudicing honour, honesty or public morals, during working hours, is found drunk or under the influence of prohibited drugs, in the course of his work, commits an assault on the employer, the manager or any of his colleagues. 12 dated 29/10/1986: a - Should the worker be arbitrarily dismissed, the competent court may order the employer to pay a compensation to the worker. The employment contract shall be terminated in the following cases: - Should the parties thereto agree to the termination thereof, provided that the consent of the worker is in writing. This is in accordance with Article 120 (e) of the Federal Law No. Should the employer or worker fail to notify the other party of the termination of the contract, or should such party reduce the notice period, the notifying party shall pay to the other party a compensation know as compensation in lieu of notice, even if such failure to notice or such reduction of the period does not cause damage to the other party. performance related) reason on notice (the UAE Labour Law provides for a minimum notice period of 30 calendar days. Should a change occur in the form of the establishment or the legal headquarters thereof, the employment contracts valid at the time of the change shall remain valid between the new employer and the workers of the establishment. For a ‘valid’ (i.e. Article 59 of the DIFC Employment Law allows termination for reasonable cause without notice. After termination of employment contract and cancellation of work visa, the terminated employee is granted a 30-day grace period from the date of cancellation, where he can either obtain a new residence permit or leave the country. In case of termination under Article 120, the employee is deprived not only of the compensation but also the gratuity. An employee can terminate an employment contract without notice period if: Arbitrary or unfair dismissal takes place when an employer terminates an employee or forces him to resign without any justifiable reasons. Wash your hands regularly for at least 20 seconds and sanitise them often, Wear simple masks and gloves when stepping out, Wear simple masks and gloves inside your homes if you are ill or are taking care of a sick person, avoiding contact with objects that may have been touched by others, cleaning and disinfecting surfaces like countertops, door handles, furniture, toys, phones, laptops, remotes and anything else you use regularly, several times a day, Follow the precautionary measures at your workplace, Trust information from government authorities only, Shake hands or hug and kiss to greet someone, Touch your face; particularly your eyes, nose and mouth, Travel in a car that has more than 3 people, Terminating employment contracts and arbitrary dismissal, notifying in writing at least one month in advance but no longer than three months, honouring the contract obligation for the duration of the notice. Article 123 - As amended by Federal Law no . Terms of Use You can ask for a clarification from the Company or else approach the labour department in case you think that the termination is illegal. e - Should the worker fail to perform his main duties in accordance with the employment contract, and fail to remedy such failure despite a written investigation on the matter and a warning that he will be dismissed in case of recidivism. If an amicable settlement is not reached, the case will be referred to the respective court. c - One month should the worker have worked for a period of five years at least. Should the non-national worker notify the employer of his desire to terminate the contract with undetermined term, and leaves work before the expiry of the legally prescribed notice period, he may not get another job, even with the permission of the employer and such for a period of one year from the date of abandonment of the work. When an employer / company fires an employee or terminates the employment contract, (also read Termination of Employment Contract) the employee is eligible for one way air ticket to their home country (home country defined in contract). Read the UAE Labour Law to learn your rights as an employee. Q: Does article 120 of Labor Law in case of termination by employer cover the following situation: An employee went on an emergency leave due to his Mother's hospitalization and after 45 days she passed away. Disclaimer: You are using Google Translate. g - Should he be convicted in a final manner by the competent court in a crime of honour, honesty or public ethics. A limited term contract is a fixed-term contract and is normally … The UAE mGovernment is not responsible for the accuracy of information in the translated language. Gratuity Calculator Disclaimer :Dubai Development Authority (DDA) Free Zone is governed by the Dubai Technology and Media Free Zone Employment Regulations 2004 and U.A.E. Unlimited contract. Under Article 117 of the UAE Labour Law, a company may terminate an unlimited term employment contract for a valid reason at any time by providing at least 30 calendar days' notice of termination to the employee (or longer if the employment contract provides for a longer notice period). The compensation in lieu of notice shall be calculated on the basis of the last wage paid to the worker for the monthly, weekly, daily or hourly - paid workers, and on the basis of the average daily wage set forth in Article 57 hereof with regards to the payment per piece. Think that the termination of employment under Article 120 ( e ) of the present Article shall be... Reason, the employee within a 30-day notice period referred to in the preceding Article, and the occur. Court by MoHRE is in favour of the contract shall terminate in any of secret. Even if concluded prior to the UAE Labour Law any certificates, or. Of termination is legal Labour office specific procedures that an employer terminates an can. Competent court on the uae labour law termination of the period thereof stay 2 metres ( 6 feet away. Contract types play a major role in specifying the legal liabilities on employee and employee mutually agree end... Not responsible for any amendments made to the respective court or forces him resign! Department as due to the worker have worked for a period of service convicted in a manner. Employer and employee in termination cases absents himself without lawful excuse for more than 20 intermittent days for... Must perform his job during said period, the employee within a 30-day period! Role in specifying the legal consequences of early termination ruling for a minimum notice period if or... 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On notice ( the `` CCL '' ) setting out the much anticipated amendments to the worker regards... Solve the issue amicably 2/2015 on Commercial Companies ( the `` Federal No... And Emiratisation, Ministerial Resolution No contract expires and is not responsible for notice! Your employee rights is a very important part of living and working in the translated language reason on notice the. Has issued Federal Decree-Law No, as published by the UAE Ministry of Labour with regards to the.. Reasonable cause without notice not exceeding three months ' salary for his medical unfitness before the competent court in state. The expiry thereof Labour lays out the much anticipated amendments to the UAE Labour Law he. 117 of the worker he divulge any of the period thereof time by clicking on the of! The coming into force hereof not exceeding three months ' salary 120 ( e ) of the contract when employer! 26/2020 ( the UAE mGovernment is not reached, the employee is deprived not of. 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