المقالات القانونية / قانون العمل


Can I Sue my Employer for Wrongful Termination?

employment

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November 13, 2019


On the off chance that you have recently been terminated from your employment with or without reasons and you might ponder whether your employer was within his rights to terminate you.

What's more, in the event that it turns out you were terminated wrongfully or unjustifiably, your next question would be whether or not you have the right to sue to seek adequate damages under the Labour Law of UAE. The best lawyers in Dubai consider it as "arbitrary dismissal" in cases where the employer may lay off an employee or force him to do as such without any reasonable grounds.

This sort of rejection is typically against the rules and regulations which implies that the termination is outlandish and preposterous and should be investigated.

In accordance with the provisions of the Labor Law, the employees can document a grievance before the relevant authority in case they believe that the termination was unfair. With respect to the employers, they should give verification or proof of their case that the employee is expelled on reasonable grounds such as poor performance or gross misconduct.

Article 47 of the Labor Law constitutes that the termination of any employee without any justifiable reason or any reasons which do not relate to the employment results in unfair termination.

Innumerable cases of unfair termination can be witnessed, for instance when an employee files a lawsuit against the employer and such a lawsuit is valid. In such circumstances, a labour complaint may be filed with the Ministry of Human Resources and Emiratisation under Article 54 of the labour law.

Secondly, in cases where the employer demotes the employee and pays a lesser salary than previously can be a rationale behind filing a complaint.

Notwithstanding the foregoing, there are several reasons under which the employer can terminate the employee without sufficient notice as indicated by Article 44 of the UAE Labour Law and the grounds are as follows:

  1. The employee is observed to utilize a fake personality to secure the job. This incorporates submitting fake records of any sort.

  2. The employee disclosed work secrets which resulted in a heavy loss to the employer.

  3. The employee has cost the organization a major loss of revenue, which has been informed to the authority within said timeframe.

  4. The employee has not fulfilled his roles and responsibilities as agreed under the contract.

  5. The employee was in an inebriated state or was using any unlawful medication in the workplace.

  6. The employee violated the health and safety instructions of the workplace.

  7. The employee assaulted the employer or the manager in charge or his superior.

  8. The employee was absent from work for more than 20 consecutive days in a year, or more than 7 consecutive days, without a legitimate reason.

  9. The worker exploited his position for personal gains.

  10. The worker joined another employer without following the proper rules as per the law.

In the event that the aforementioned clauses are proved against the employee, it is legitimate and the employer has the option to terminate the employee without any reason.

Be that as it may, if a worker is under an apprehension that the grounds for dismissal were arbitrary, he may register a complaint before MoHRE to reach an amicable settlement.

In such circumstances, compensation for wrongful termination that is up to 3 months of total salary and relevant end-of-service benefits can be claimed from the employee.


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