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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 Labor Law of UAE. Best of Lawyers of Dubai consider it as "arbitrary dismissal" in cases where the employer to lay off an employee or force to do as such with 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 122 of the Labor Law constitutes that the termination of any employee without any justifiable reason or any reasons which does not relate to the employment results as unfair termination. Innumerable cases of unfair termination can be witnessed for instance in case where employee is a reason that an organization endures an incredible loss in income or something different altogether which should be immediately informed to the MOHRE within 48 hours of its occurrence. In such circumstances, failure to inform such act to the authority would result as arbitrary dismissal. Secondly, in cases where the employer demotes the employee and pays lesser salary than previously can be a rationale behind filling a complaint.
Notwithstanding the foregoing, there are several reasons under which the employer can terminate the employee without sufficient notice as indicated by Article 120 of the UAE Labor 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 is expelled amid the probation time frame.
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 inebriated state or was using any unlawful medication in the workplace.
In the event that the afore-mentioned 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 Ministry of Labor to reach an amicable settlement, failing to receive a settlement, he may register the matter in labor court upon receiving an NOC (No-objection Certificate) with the assistance of Top Lawyers of Dubai. 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 employer.