As per the UAE Labour Law, both employers and employees have certain rights. Both parties are required to follow the law. However, this law might not apply to free zone companies. Even then, many free zones follow the UAE Labour Law.
Article 120 UAE Labour Law covers the termination of the employment contract by employers.
Let’s take a look at that:
There are ten different reasons for when an employee gets fired:
1. If an employee impersonates someone, adapts false nationality, or submits forged documents:
If the employee takes up a false or duplicate identity when the employment contract is being drawn, and the employer gets to know about it, the employee will get terminated without any notice. Using forged documents is also going to lead to termination.
You are required to submit your educational certificates for employment/labour approval. If you submit forged documents, you will be terminated. The same goes for experience certificates from previous jobs. You cannot submit fake documents; it is a criminal offence under UAE law.
2. If the employee is on probation and was dismissed during or before the end of the probation period:
Your company can fire or terminate you without any reason during probation. Usually, the reason behind termination during probation is poor performance.
3. If an employee makes a mistake leading to substantial data loss to the employer:
If a serious error by the employee has led to a financial loss, the company can fire them. The substantiality of the loss depends on the type and size of the company. However, it is important for the employer to notify the Labour Department about the said incident within 48 hours.
4. If employee disregards safety instructions at the workplace even though they are displayed openly and verbally informed:
UAE provides provisions for the security and safety of the workplace as well. Employees have to follow these standards. Failure to do so can result in termination for neglecting safety rules. This is a serious offence as numerous companies in the UAE are construction related.
5. If an employee fails to do his job and continues to violate rules even after formal investigation and warning of dismissal:
When you join any company, you are given your KPI (Key Performance Index) or JD (Job description) that are used to evaluate your performance. They tell you all about your responsibilities. Failure to perform your basic job duties can result in a termination under Article 120 of UAE Labour Law.
Sometimes, the company issues you a warning regarding this, if you still fail to perform, you can get fired.
6. If the employee leaks business secrets or valuable information about the company:
Sometimes, the employee might come across trade secrets and information regarding the operations of the business. This is confidential information. Employees are not supposed to divulge this information anywhere else. If you leak information and the company finds out, you can be fired as per Article 120.
7. If the employee is convicted by the court due to an offence:
Your company can dismiss you as per Article 120 if you have violated certain laws during employment and the court issues a judgment against you.
8. If an employee is found under the influence of alcohol or drugs:
This is self-explanatory. Drugs and alcohol consumption is not allowed in Dubai. If you are caught drinking or intoxicated by any drugs during work hours, you can get fired.
9. If the employee assaults the employer during work:
Any kind of physical assault is not tolerable. Regardless it occurs during work hours or non-work hours. The employees are fired for getting into physical fights.
10. If the employee is absent without any valid reason for more than 20 consecutive days or more than 7 days:
You have to inform your employer whenever you have to take leaves. You can be terminated if you fail to inform. It is better to take written approval when absenting yourself from work.
When you get fired or terminated under UAE Labour Law Article 120, you will get your salary till your last working day. However, you are not going to get gratuity EOSB for your services. Accrued leaves will be cancelled.
If you have been terminated, and haven’t committed any of the offences mentioned under Article 120, you can file a complaint with MOL. See that all the communication is in writing and signed by the company/employer. You can get further information from well-established and reputed lawyers in Dubai and get relevant information.