Compensation for Arbitrary Dismissal of Employees in UAE
Arbitrary dismissal or wrongful termination of employees refers to the legitimate termination of the employees. Whether you are a UAE national or an expatriate working in UAE, you can hire labour lawyers in Dubai to seek justice in case of wrongful termination under the legal umbrella.
According to Federal Law
No. 8 of 1980, there are certain circumstances in which the termination of
employees is considered to be unfair. Therefore, UAE Labour Law provides the
employees the right to claim compensation is their termination proves to be
arbitrary.
When Employee Termination
is regarded as Unfair in UAE?
Labour Law of UAE governs
all the matters related to employees working in UAE whether they are foreign
residents in UAE or hold the nationality. If the termination of an employee is
unfair as per the UAE jurisdiction, then the employer has to face legal
accusations which would damage their commercial repute as well.
Article 122 of UAE Labour
Law states that the termination of an employment contract or dismissal of an
employee is regarded as unfair if the reason for termination is not related to
the performance of the employee at the workplace.
Employees are given the
chance to present the proof of unfair conduct of the employer with the
assistance of labour lawyers in Dubai. Following are the examples
when UAE courts consider dismissal of the employee as arbitrary and entitle
them to get compensations:
- When the employer breaches the
obligations listed in the employment contract and does not abide by the
employment rules and regulations of the UAE.
- When the employer makes the
employee leave the job by postponing the payment of monthly wages to the
employee and fails to act as per the time frame of paying the salary
mentioned in the employment contract
- When an employer makes the
workplace environment and other circumstances difficult to work for the
employees which compels them to quit the job showing that the employer’s
actions were the cause of terminating the contract.
Compensations for
Wrongfully Dismissed Employees
The duration of the
employment and the damages which are caused to the employees due to arbitrary
dismissal regulates the amount of compensation they will be getting. Article
123 of the UAE Labour Law states that the compensation of wrongful termination
should not exceed three months’ salary of the employee.
Employees can hire labour
lawyers in Dubai to claim their notice period due, end-of-service
benefits, and other unpaid dues they are entitled to get as per the rules and
regulations of UAE.
In the End
Getting consultation and
legal support from labour lawyers in Dubai is advantageous in
case of arbitrary dismissal. Contact then whether you are facing employment
issues in Sharjah, Abu Dhabi, Ajman, Fujairah, and other emirates of UAE to get
advisory and support as per the UAE legislation.
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