Arbitrary Dismissal in UAE: Legal Rights and Remedies Explained
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Imagine dedicating years to a company in the UAE, only to face sudden termination after raising concerns about workplace practices. This scenario, unfortunately, is not uncommon. Arbitrary dismissal in UAE, or unjust termination, is a critical issue addressed under UAE Labor Law. Understanding your rights and the legal avenues available is essential to protect yourself in such situations.
If you believe you’ve been unfairly dismissed, click the WhatsApp button at the bottom to consult with our experienced legal team.
Table Of Contents
Understanding Arbitrary Dismissal Under UAE Labor Law
Arbitrary dismissal in UAE refers to the termination of an employee without a valid reason or due process, often in retaliation for lawful actions taken by the employee. The UAE’s Federal Decree-Law No. 33 of 2021 outlines specific circumstances under which termination is considered arbitrary.
Key Provisions:
- Article 47: Termination is deemed arbitrary if an employee is dismissed for filing a complaint with the Ministry of Human Resources and Emiratisation (MoHRE) or initiating legal proceedings against the employer, provided the complaint or lawsuit is valid.
- Compensation: If arbitrary dismissal is proven, the employer may be required to compensate the employee with up to three months’ salary, calculated based on the last wage received.
Legal Grounds for Termination vs. Arbitrary Dismissal
Understanding the difference between lawful termination and arbitrary dismissal is critical for both employees and employers in the UAE.
The following table outlines the key differences to help you quickly identify whether a dismissal was legitimate or arbitrary under Federal Decree-Law No. 33 of 2021:
| Aspect | Lawful Termination | Arbitrary Dismissal |
|---|---|---|
| Legal Basis | Based on valid work-related reasons and in compliance with UAE labor law procedures. | No valid reason provided or dismissal occurs in retaliation for lawful employee actions. |
| Examples | Contract expiry, mutual agreement, redundancy, documented poor performance. | Termination for filing a MoHRE complaint or initiating a valid lawsuit against employer. |
| Procedure Followed | Proper notice, final settlements, and documentation are provided. | Employer bypasses due process or terminates abruptly without justification. |
| Employee Rights | Employee is entitled to gratuity, notice period pay, and unused leave settlement. | Employee is additionally entitled to compensation for arbitrary dismissal. |
| Compensation Risk to Employer | No risk if legal procedures are followed. | Compensation up to 3 months’ gross salary may be ordered by the court. |
Steps to Take If You Face Arbitrary Dismissal
If you believe you’ve been unfairly dismissed, follow these steps:
- File a Complaint with MoHRE: Submit a complaint through the MoHRE website or visit a service center.
- Mediation: MoHRE will attempt to resolve the issue amicably between you and your employer.
- Legal Proceedings: If mediation fails, the case will be referred to the labor court for a decision.
- Court Decision: If the court finds the dismissal arbitrary, it may order compensation and other dues such as gratuity and notice period pay.
Importance of Legal Representation
Navigating the complexities of labor disputes requires expert legal knowledge. An experienced employment lawyer can:
- Assess the merits of your case.
- Guide you through the complaint and legal process.
- Represent you in negotiations and court proceedings.
Our law firm in dubai has a dedicated team specializing in employment law in the UAE. To discuss your case, click the WhatsApp button at the bottom of the screen and connect with our legal experts.
Frequently Asked Questions (FAQs)
Arbitrary dismissal in UAE is a serious violation of employee rights under UAE labor law. Understanding the legal framework and taking prompt action can help protect your interests. If you find yourself in such a situation, seeking professional legal advice is crucial.
For personalized legal assistance, contact us via the WhatsApp icon below.
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