Wrongful Termination and the s Rules in United Arab Emirate
The United Arab Emirates (UAE) has been trying to implement revised labor legislation in FEB 2022. The efforts are dedicated to positively changing the UAE Labour and Employment Laws. The changes introduced were likely to be effective in 2022. The Labour and Employment Law includes many regulations regarding private-sector Employers and Employees. The employers are bound to adhere to the changes in the regulations per the specific guidelines.
A major change is brought to the Employee’s Arbitrary Dismissal. Arbitrary Dismissal comes into action when a worker terminates the contract of Employment. The employment contract is terminated without any valid reason or justification. As per the UAE labor law, if arbitrary Dismissal is proven, the employee will receive monetary compensation. For this, the employee must submit a written complaint to the MOHRE. But now, the Arbitrary Dismissal is not like before. You can learn more from Employment Lawyers about Arbitrary Dismissals and their compensations.
MOHRE stands for Ministry of Human Resources and Emiratization. It is the regulatory body of the UAE which governs the guidelines concerning Employment. They handle the employment-related matters between the Employer and the Worker.
If the MOHRE verifies the complaint to be valid, the employee will be obliged to get compensation in return. This is introduced with the motive of protecting the rights of the labor force. It safeguards them against wrongful termination by the Employer. The maximum verification is 3 Months.
The UAE Labor law clearly explains the concept of arbitrary Dismissal. In case the Employer terminates the worker contract just because a complaint is lodged with MOHRE or any lawsuit has commenced against the Employer constitutes arbitrary Dismissal.
For it, the action needs to be proven with logic and evidence. Under these circumstances, the termination is termed completely illegal.
Therefore, the UAE Labour and Employment Law facilitates employees subject to wrongful Dismissal. It encourages the employees to file a valid complaint against the Employer with (the MOHRE) Ministry of Human Resources and Emiratization.
The Ministry of Human Resources and Emiratization will make all the possible efforts to bury the issues and problems by using amicable means. If an amicable settlement is not reached, the case will be forwarded to the court. Firstly, efforts are made by the Ministry to resolve employment-related issues.
Once the matter reaches the court, they will work on the matter to determine arbitrary Dismissal. Under the circumstances, the Employer will be ordered to compensate the Worker once proven.
Once proven, the compensation is calculated. The compensation is in monetary terms, which accounts for important factors. It may include the work nature, duration of the service, the extent of damage suffered by the employee, and other crucial factors.
The monetary compensation is limited to the 3 months’ wage or salary. Additionally, the employee also enjoys another privilege. They can claim their end-of-service gratuity and any other unpaid entitlements from their Employer.
Furthermore, the employee can claim any outstanding notice period dues in this regard. This also does not impact the entitlement to severance pay and the notice pay the UAE Labor Law already covers.
Besides, it also facilitates the Employer by providing that an employer can terminate a worker without giving prior notice under special conditions. Some of the specific scenarios are if the employee provides a false identity or any false claim about the identity.
Moreover, if they give counterfeit documents that cause monetary loss to the Employer; furthermore, if the employee violates the safety instructions or fails to fulfill the fundamental obligation despite multiple warnings, they may be terminated without any notice.
Besides, if the employee is involved in misconduct or discloses any confidential secrets or information without proper permission also comes under it.
Other factors include an employee’s misconduct, engaging in unlawful activities or substance abuse, joining another establishment without adhering to the procedure or rules, and exploiting its position for unlawful gains.
In arbitrary Dismissal, the employees can consult Labour and Employment Lawyers in UAE for legal remedies. They can challenge the wrongful termination with their assistance. Lawyers in Dubai are considered the best for UAE Labour and Employment Law. The Ministry will investigate the seriousness of the matter. They will make efforts to resolve the matter in a given timeframe.
Nonetheless, UAE’s employment and labor attorneys can assist you by providing guidelines on how and when to approach the MOHRE. They understand the rules and procedure and, thus, can guide accordingly. They can pursue legal action according to the nature of the case and will determine the Dismissal.
Please consult the Labour and Employment Lawyers in UAE to take legal action. Blogs are just for sharing information which can be outdated as well.
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