Getting terminated without any reason is no less than a shock to any employee. Staying in the right state of mind while you get terminated from your job is highly advisable because if you think you got terminated without any reason, you need to speak up for yourself.
Most of the times, expats rights are denied by the employers because they know that expats do not have a proper understanding of UAE labour laws. They thus do not grant them all their rights and manipulate them in different ways too. This is not right and it needs to stop as soon as possible.
The easiest way to get all that you deserve is by consulting the labour lawyers in the UAE. Any type of consultation you want regarding your workplace will be guaranteed if you take advice from experts like HHS lawyer in Dubai. They will be at your service to make sure that you get all your rights regardless of which company you are working in.
Unfair Dismissal
In the case of arbitrary dismissal, the employees should remember what their rights are. This will keep them from getting exploited by their employers. For an unfair dismissal or arbitrary dismissal, the dismissal of the employee is unjustifiable which is against the rules and regulations of UAE labour law.
A complaint can be filed by the employees if they are terminated unfairly. A proof should be provided by the employer in its defense for unfair dismissal of the employee. There should be a solid reason behind dismissing or terminating the employee which may include their inability to perform properly, misconduct, qualification issues or more.
Arbitrary or Unfair Dismissal in UAE
If the employee is terminated due to a reason that is not related to their work, they can file a complaint against it. For termination to proceed, there should be proper evidence or proof else it will be considered as unfair dismissal.
Why Do the Expat Employees Do Not Take Any Action Against Their Employees Even When They Do Not Get Their Wages on Time?
The only reason they do so is lack of knowledge about laws and orders in the UAE. This makes them refrain from contacting the lawyers because they think it will be of no use. Denying your rights should not be taken as an option in the UAE. You can always file claims when you see your employers not paying you on time. The Laws in the UAE are comprehensive and very supportive in protecting the rights of both the employers and the employees.
If employees don’t receive their pay for consecutive 2 months and still doesn’t leave the job because they think that their residency permit will be cancelled when doing so, they are wrong. If a person doesn’t get its pay for 2 months then they can leave the job without even providing the notice to the company. By doing so, their permit will not be cancelled. Furthermore, a person can consult the labour lawyers in the UAE for not getting their pay or other benefits on time.
Labour laws in the UAE have been made in order to secure the rights of the employees. They should thus get benefit from these laws whenever they feel like being kept away from what they deserve.
Termination of Employees without any Reason
It is totally up to the employers whether they want to continue working with the employees or not. If the employer needs to, they may dismiss the employee without any notice. Also, the termination will come into effect as soon as the employer takes the decision of terminating the employee. They are not obliged to give any specified or unspecified reasons as per Article 120 of the UAE Labor Law.
The termination of this sort will be considered totally lawful. But if the employee is terminated without any work-related reason, they may file a complaint via UAE labour law legal advice and the employer will then be held accountable and will have to provide the proof or the evidence for the dismissal.
Termination Without Notice
An employment contract no matter either limited or unlimited may be terminated without any notice period as per the UAE law.
Also Read:
Termination without compensation
If an employee is terminated from the job earlier than the contract date, it will be entitled to the early termination compensation which will comprise of minimum remuneration of 3 months. Salary along with the allowances will be included in the whole scenario. In case, the remaining period in the contract term is less than three months, then the compensation will be paid as salary for the remaining period instead of 3 months.
This post was last modified on May 28, 2019 6:12 PM