(MENAFN- Khaleej Times)
Question: I recently switched jobs and joined a new company in mainland Dubai. But I was terminated within a week of joining, citing the restructuring of the company. I'm clueless because the previous company is not hiring due to both firms being competitors. Can I take this new company to court and file claims? What are my rights in this case?
Answer: In the UAE, an employer may terminate an employee during probation by serving 14 days of notice to an employee. This is in accordance with Article (1) of the federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations, which states,“The employer may employ the employee on probation for a period not exceeding six months from the service commencement date. The employer may terminate the employee during such period by giving the employee fourteen days' prior written notice.”
If an employer or employee does not comply with the notice period mentioned in the employment law related to the termination of an employment contract, the party breaching such provision of law may have to compensate the other party.
Stay up to date with the latest news. Follow KT on WhatsApp Channels.
This is in accordance with Article 9(5) of the Employment Law, which states,“If either party terminates the employment contract without complying with the provisions of this article, he shall pay the other a compensation equal to the employee's salary due for the notice period, or the remainder thereof.”
Furthermore, if an employee does not agree to terminate the employment relationship by mutual agreement, then he/she will have the right to claim compensation for arbitrary dismissal. The termination of the employment relationship as part of a restructuring process with the employer may be considered arbitrary dismissal.
In this regard, the provisions of Article 47 of the UAE Employment Law may be referred to. It reads as follows:
1. The dismissal of an employee by his employer shall be arbitrary if the employee submits a serious complaint to the ministry or files an action proven to be valid against the employer.
2. The employer shall pay the employee a fair compensation estimated by the competent court if it is found that the dismissal is arbitrary pursuant to paragraph (1) above.
The amount of compensation shall be determined based on the type of work, the extent of harm sustained by the employee and the length of his service. In any case, the amount of compensation shall not exceed three months' wage of the employee calculated based on the last wage received by him.
3. The provisions of paragraph (2) above shall not prejudice the right of an employee to the pay in lieu of notice and severance pay due to him under the provisions hereof.”
Based on the aforementioned provisions of law, your employer may terminate you during the probation period by serving a stipulated notice period with a valid reason. As you were terminated by your employer by only seven days of the notice period, you may approach the Ministry of Human Resources and Emiritisation and claim compensation from your employer for the remainder of seven days of the notice period not served on you while it terminated your employment contract.
Furthermore, if you feel your employment was terminated without a valid reason, you may claim compensation of up to three months of salary from your employer on grounds of arbitrary termination.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: Readers may e-mail their questions to: ... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
MENAFN01022025000049011007ID1109157204
Legal Disclaimer:
MENAFN provides the information “as is” without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the provider above.