Tuesday, 02 January 2024 12:17 GMT

UAE Labour Law: What To Do If You Have Been Unfairly Dismissed


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Question:<\/strong> I was recently terminated from my job and believe I may have grounds to challenge it as an unfair dismissal. If I decide to pursue this, what does the process typically involve? Could you walk me through the steps?<\/p>"},{"id":"d957a765-5935-4fa3-9945-458da804ecfa","type":"text","family_id":"f0f6c256-4169-4fbb-8a39-3a2e593bc94a","page_url":"\/story\/71edaaed-22f0-4579-b3d2-4f71b33c0e82\/element\/d957a765-5935-4fa3-9945-458da804ecfa","title":"","description":"","metadata":{},"subtype":"","text":"

Answer:<\/strong> Pursuant to your queries, it is assumed that you were employed by an entity incorporated in mainland UAE and therefore the provisions of the UAE employment law and its cabinet resolution and subsequent amendment are applicable.<\/p>

In the UAE, if an employment of an employee is terminated without a valid reason such termination may be termed as arbitrary termination in accordance with Article 47 of the Federal Decree-Law no. 33 of 2021 Regarding the Regulation of Employment Relationships and its amendments (the \u201cEmployment Law\u201d). In case of an arbitrary termination, an employee may file a complaint with the Ministry of Human Resources & Emiratisation (MOHRE) against an employer. Based on a complaint filed by an employee against an employer, the MOHRE will attempt to amicably resolve the dispute between an employer and an employee. This is in accordance with the Article 1 of the Federal Decree Law No. 09 of 2024 Revising some Provisions of Federal Decree-Law no. 33 of 2021 Concerning Labour Relations (the \u201cAmended Employment Law\u201d) amending the provision of the Article 54 of the Employment law.<\/p>

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\u201cIn the event of a dispute between an Employer and an Employee or their beneficiaries under the provisions of this Decree-Law, the dispute shall be submitted to the Ministry for resolution. This application will be examined by the Ministry and the necessary steps will be taken in order to resolve the dispute amicably.\u201d<\/em><\/p>

Further, in case MOHRE is unable to resolve a dispute amicably it will refer a dispute to the competent court in the emirate where an employer is incorporated, within 14 calendar days from the date of submission of a complaint by an employee, in accordance with the Article 31(2) of the Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 regarding the Regulations of Employment Relation.<\/em><\/p>

\u201cIf an amicable settlement is not possible, the Ministry shall refer the dispute to the competent court within (14) fourteen days from the date of submission of the complaint, along with a memorandum including an abstract of the dispute, the arguments of both parties and the Ministry\u2019s recommendation.\u201d<\/em><\/p>

However, in the event a dispute amount does not exceed Dh50,000, the MOHRE has the authority to resolve such disputes under its jurisdiction.  This is in accordance with Article 1 of the Amended Employment Law <\/em>amending Article 54 (2) of the Employment Law.<\/em><\/p>

\u201cThe Ministry shall have jurisdiction to resolve the dispute by a decision in all cases involving disputes whose value does not exceed Dh50,000 (Fffty thousand dirhams) or whose dispute is concerning either party failing to adhere to an amicable settlement decision previously issued by the Ministry, regardless of the claim's value.\u201d<\/em><\/p>

Further, a decision issues by MOHRE, for a dispute not exceeding Dh50,000, can be enforced before a court of competent jurisdiction. An employer and an employee may file an objection before the competent court of first instance, within 15 working days from the date of notification of the MOHRE's decision. The court shall schedule a hearing within 3 working days and issue a final ruling within 30 working days. Once a  case is filed, the MOHRE's decision shall not be implemented  until the court delivers its final judgment.  This is in accordance with the Article  1 of the Amended Employment Law <\/em>amending 54(3)<\/em> of the Employment Law.<\/em><\/p>

Furthermore, if a dispute continues, the MOHRE has the authority to direct an employer to pay the employee's wages for up to two months. This is in accordance with Article 1 of the Amended Employment Law <\/em>amending Article 54(5) of the Employment Law<\/em>, \u201cIf the dispute continues, the Ministry may order the employer to pay the employee\u2019s wage for a maximum period of (2) two months, provided that the dispute has resulted in the withholding of such payment in accordance with the provisions of this Decree-Law\u2019s Implementing Regulation.\u201d<\/em><\/p>

Based on the aforementioned provisions of law, you may file a complaint with MOHRE against your employer for termination of your employment without a valid reason. However, you may have to provide evidence proving that the termination was arbitrary in nature. You may be entitled for compensation on grounds of arbitrary termination, if proven that the termination was arbitrary, in accordance with Article 47(2) of the Employment Law.<\/em> However, if there is no amicable settlement or the order issued by MOHRE is not satisfactory, you may consider pursuing the matter through the relevant court in the UAE that has jurisdiction to resolve the matter.<\/p>

Applicable law:<\/p>

1. Federal Decree-Law no. 33 of 2021 Regarding the Regulation of Employment Relationships and its amendments<\/em><\/p>

2.  Federal Decree Law No. 09 of 2024<\/em> Revising some Provisions of Federal Decree-Law no. 33 of 2021 Concerning Labour Relations<\/em><\/p>

3. Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 regarding the Regulations of Employment Relation<\/em><\/p>

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 are on Readers may e-mail their questions to... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai. <\/strong><\/p>

Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel if needed.<\/p>"},{"id":"89ff43ad-5524-4acd-b6ff-cf752ab5e4d3","type":"text","family_id":"fe06dacf-6a6b-4263-9998-bd444807d120","page_url":"\/story\/71edaaed-22f0-4579-b3d2-4f71b33c0e82\/element\/89ff43ad-5524-4acd-b6ff-cf752ab5e4d3","title":"","description":"","metadata":

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