Unfair dismissal takes place when an employer terminates an employee or forces him to resign without any justifiable reasons. If you feel like you have been terminated from your job unfairly or without proper reason, you may have a claim.
Summary of the law
The article 122 of the UAE labour law states that an arbitrary or unfair termination of an employee happens when the employee is fired for reasons not related to work or when the employer terminates the employee for complaining against him. Unfair dismissal include:
- FORCED RESIGNATION: If the employer forces you to resign by the means of threatening of termination or any other reasons, it is considered as unfair dismissal.
- TERMINATION WITHOT NOTICE FOR POOR PERFORMANCE: An employer cannot terminate someone without prior notice or initial actions regardless of the performance. If you are terminated directly before implementing any disciplinary actions, it can be considered as unfair dismissal.
- TERMINATION DUE TO LOSS TO COMPANY: If any loss happened to employer results in termination of an employee that is considered as an unfair dismissal.
- DEMOTION OR FORCED TRANSFER: If you are demoted or forcefully transferred with low pay without proper reasons it is also considered as a form of unfair dismissal.
If an employee undergoes any of these scenarios and feels injustice, he can complain to ministry of human resources an emiratisation. If they can’t settle the case, it will be referred to respective court.
As per article 123 of UAE labour law, if unfair dismissal is proven, the employer will be liable to pay a compensation ordered by the court to the employee. The amount will not exceed the wage of employee for a period of 3 months. In addition to this, the employer can claim his gratuity, notice period due or any other unpaid dues he is entitled to from the employer.
Claim your rights from your employer on your unfair dismissal with the help of our lawyers. Know the law and your rights and use them to get what you deserve. We are with you in every aspect of your journey. avail advices from our experienced lawyers.