uae labour law termination

Should the worker, upon the termination of the contract, be employed by another employer, the latter shall be liable for the repatriation expenses of the worker upon the end of his service. Article 117 which reads as follows: “Both the Employer and the Employee may terminate a Contract of Employment of unlimited period for a valid reason at any time following its conclusion by giving the other party notice in less than 30 days before the termination. He must perform his job during said period should the employer so requires. An employment contract shall terminate in any of the following cases: 1. Terms of Use 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. 1 - The employer and the worker may terminate the employment contract with undetermined term for valid grounds at any time subsequent to the conclusion of the contract, and such after notifying the other party thereof in writing at least thirty days prior to the termination thereof. An employment contract shall terminate in any of the following cases: 1. Either party can singly terminate a limited contract provided he complies with the legal consequences of early termination. These cookies are used to improve your experience and provide more personalized service to you. 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. 12 dated 29/10/1986 : The employer has to notify the employee within a 30-day notice period according to Article 117 of the UAE Labour Law. Termination of employment under Article 120 of UAE Labour Law. Both on your website and other media. i - Should he assault during the work the employer, responsible manager or co-worker. However, if a pregnant woman is dismissed without a valid reason (i.e. Arbitrary dismissal takes place when an employer terminates an employee or forces him to resign without any justifiable reasons. Gulf News is not responsible for any amendments made to the UAE Labour Law. This is in accordance with Article 120 (e) of the Federal Law No. f - Should he divulge any of the secret of the establishment where he works. According to Article 125 of the UAE Labour Law, an employee upon end of contract should be given an end-of-service certificate detailing start date, end date and nature of work performed during the period of employment. However, the employment contract shall be terminated with the death or complete disability of the worker and such by virtue of a medical certificate approved by the competent health authorities in the State. The UAE Labour Law provides for two ways in which an employer can lawfully terminate an employee. In certain situations, an employer or an employee can terminate an employment contract without notice. 2 - With regards to day workers, the notice period shall be as follows: a - One week should the worker have worked for a period of six months at least and one year at most. 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. ... of the Federal Law No. 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). Subject to the provisions of the preceding clause, should the employer not repatriate the worker and not pay the expenses of such repatriation, the competent authority shall do so at the expense of the employer. 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). Official UAE Labour Law, covering: Employment of nationals and expatriates; Employment contracts, limited contracts and unlimited contracts; Probationary period; Resignation, Termination and Notice Period; Termination for cause (article 120, 88 and 139) Resignation without notice (article 121) In all cases, the amount of compensation must not exceed the wage of the employee for a period of three months, calculated on the basis of the last wage the worker is entitled to. (8) OF 1980 and its Amendments. However, the agreement on the extension of such period shall be permissible. This website stores cookies on your computer. Article 120 of UAE Federal Labour Law no. All rights reserved. 8 for the year 1981, otherwise known as the Employment Law. It may also state your latest pay or wage details if requested. So all depends on whether the ground of termination is legal. The day of absence from work without pay shall not be included in calculating the time period of service. Contract types play a major role in specifying the legal liabilities on employee and employee in termination cases. Disclaimer: You are using Google Translate. You can manage them any time by clicking on the notification icon. Employment contract termination is legally allowed under logical reasons. Termination of the employment contract for any other reason, the employee will be entitled to compensation not exceeding three months' salary. 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. Either party can singly terminate a limited contract provided he complies with the legal consequences of early termination. If an employee believes that he has been dismissed illegally, he can complain to. Upon Termination of Employment Contract. Unlimited contract. What is a limited term contract? Added by Federal Law no. 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. 8 of 1980 (as amended) An employer may dismiss a worker without notice in any of the following cases: 1. 2 - In the event where the employer provides the worker with accommodation, the worker shall vacate the accommodation within thirty days from the date of termination of the employment thereof. 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? 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. 2/2015 on Commercial Companies (the "CCL"), the UAE has issued Federal Decree-Law No. Article 120 of the UAE Labour lays out the reasons for which termination without notice is lawful. UAE Labour Law 5 In all cases, no claim for any of the rights provided for in this Law shall be heard if brought to court after the lapse of one year from the date of accrual, nor shall any claim be admitted if the procedures stated in this Article are not complied with. The contract shall remain valid for the notice period referred to in the preceding Article, and shall be terminated with the expiry thereof. 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. should the cause of termination not be related to the work , in particular should the termination of the employment of the worker be made by reason of the filing by the latter of a serious complaint before the pertinent authorities or a valid claim against the employer . Contract types play a major role in specifying the legal liabilities on employee and employee in termination cases. Both, the employer and employee mutually agree to terminate the contract. 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. b - Should the worker be appointed under probation, and the dismissal occur during or at the end of the probation period. It shall not be permissible to agree on the exemption for the notice provision, or on the reduction of the period thereof. 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. In such cases, the Ministry may deduct such entitlements from the guarantee referred to in clause 1 of the present Article, and pay same to the worker in view of settling the prescribed rights. An employer and employee can mutually agree to have longer notice period, but they cannot shorten notice to less than the statutory minimum period. Yes, if you are terminated for reason other than mentioned in UAE LABOR LAW Article 120, you are eligible for 3 month’s compensations. 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. Should the work entrusted to the worker enable him to meet the clients of the employer or know the business secrets thereof, the employer may require from the worker not to compete with him or participate in any competing project upon the termination of the contract. As amended by Federal Law no. 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. While this Federal Decree-Law introduces a number of important amendments affecting LLCs and joint stock companies, … Either party can singly terminate the original contract or a renewed contract provided he complies with the legal consequences of early termination which include: A limited contract can be terminated on the following bases: In case of unlimited contracts, an employment relation is terminated in one of the following instances: An employment contract, whether limited or unlimited can be terminated without notice period by either party in accordance of the UAE Labour Law. As amended by Federal Law no . Non- nationals may not engage in any work within the State except in accordance with the conditions stipulated in this Law and its executive orders. h - Should he be found in a state of drunkenness or under the influence of a narcotic during work hours. an employer or an employee can terminate an employment contract without notice. 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. 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. The UAE mGovernment is not responsible for the accuracy of information in the translated language. Read the UAE Labour Law to learn your rights as an employee. As amended by Federal Law no. The UAE Labour Law does not include any specific provisions regarding termination of employment during pregnancy. All labour disputes must go through the Ministry of Labour. 2 - The deduction of any sums from the banking guarantee referred to in paragraph 1 of the present Article shall be carried out in pursuance of a judicial ruling, and such with the exception of the following: a - The expenses of repatriation of the worker to his country or to the location agreed upon with the employer. Notice period if terminated or dismissed: As per the UAE Labour Law the minimum notice period is 30 days. 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. The labour law provides that 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 employer has failed to meet contractual or legal obligations towards the worker (for example, if he fails to pay wages for a period exceeding 60 days), the employee has filed a court complaint against an employer who has failed to secure employment of the worker (for example, in case of a business shutdown or if the business has been inactive for a period exceeding two months). And as per UAE Domestic labour law, government of UAE (ministry) will attempt to resolve the dispute (complaint) amicably within a period of maximum 2 weeks. g - Should he be convicted in a final manner by the competent court in a crime of honour, honesty or public ethics. For a ‘valid’ (i.e. c - Should the worker commit an error resulting in colossal material losses to the employer, provided that the Labour Department is notified of the incident within 48 hours of the knowledge of the occurrence thereof. Maintain physical distance; stay 2 metres (6 feet) away from others. 2.If the worker is engaged on probation and is … For the validity of such agreement, the worker shall be twenty one years old at least upon the conclusion thereof, and the agreement shall be limited, with regards to time, place and type of work, to the extent necessary for the protection of the legal interests of the employer. Termination of contract without notice by the employer. c - One month should the worker have worked for a period of five years at least. Article 7 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. Can I claim unjust termination and claim compensation pay of up to three months? 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). 1 – “Valid Reason” Under Article 117, an employer may terminate an employee with notice as per their contract (minimum of 30 days’ and maximum 3 months’) for a “valid reason”. Article 123 - As amended by Federal Law no . If the worker adopts a false identity or nationality or submits forged certificate or documents; 2. compensating the other party to the level that was agreed to by both the parties, provided this does not exceed the equivalent of three months' gross wages. Such authority may recover such expenses by means of attachment. 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. According to Article 120 of the UAE Labour Law, the employer can dismiss an employee under a limited contract without any notice in the following circumstances: If the employee commits forgery of … 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). if the term of the contract expires and is not renewed. Disclaimer: The following text comes from the UAE Ministry of Labour’s UAE Labour Law. The termination of the employment of the worker by the employer shall be deemed arbitrary should the cause of termination not be related to the work, in particular should the termination of the employment of the worker be made by reason of the filing by the latter of a serious complaint before the pertinent authorities or a valid claim against the employer. © Al Nisr Publishing LLC 2020. The employer may dismiss the worker without prior notice in any of the following cases: a - Should the worker assume false identity or nationality, or submits false certificates or documents. absents himself without lawful excuse for more than 20 intermittent days or for more than 7 successive days during one year. Not exceeding three months with the expiry uae labour law termination Commercial Companies ( the UAE Labour Law employee in termination cases,! Such liability terminated or dismissed: as per the UAE Labour lays out the much anticipated amendments to the shall. 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