The digital government confirmed that either party to a work contract can terminate it for a legitimate reason, provided that the other party is notified in writing, continue to implement the contract during the warning period, and abide by the consequences of the termination.
She stressed that the termination of the employee’s service by the employer is considered illegal if the termination was due to the employee filing a serious complaint with the Ministry of Human Resources and Emiratisation, or filing a lawsuit against the employer, and it was proven to be true.
It identified 9 legitimate cases of termination of the employment contract, in accordance with Article 42 of Federal Decree-Law No. (33) of 2021 regarding the regulation of labor relations “UAE Labor Law”, as the employment contract ends in any of the following situations:
The parties agree to terminate it
Expiry of the period specified in the contract, unless extended or renewed in accordance with the UAE Labor Law
At the request of one of the parties, provided that the provisions of the Labor Law regarding termination of the contract are adhered to, and the notice period agreed upon in the contract
The death of the employer if the subject of the contract is related to his person
The death of the worker or his permanent and complete inability to work, according to a certificate from the concerned health authority
Sentencing the worker by a final judgment with a penalty restricting freedom, for a period of no less than three months
Permanently close the facility in accordance with the legislation in force in the UAE
The bankruptcy or insolvency of the business owner or any other economic or exceptional reasons that prevent the continuation of the project in accordance with the conditions, controls and procedures specified by the executive regulations and the legislation in force in the country
Failure of the employee to fulfill the conditions for renewing the work permit for any reason beyond the control of the employer.
She pointed out that according to Article 43 of the Labor Law, either party to the contract may terminate the employment contract “for any legitimate reason”, provided that the other party is notified in writing, and the contract implementation continues during the warning period, which should not be less than a month and not exceed three months.
In addition, the two parties to the contract must abide by the following: The work contract continues for the duration of the warning period, and ends with its expiry, and the employee is entitled to his full wages for that period according to the last wage he was receiving, and the party who did not abide by the warning period must pay the other party a compensation called “warning allowance.” And this provision applies even if the failure to warn does not result in harm to the other party, and the warning allowance is calculated according to the last wage received by the employee. else.
She pointed out that it is permissible to agree to exemption from the warning condition or reduce its duration while preserving the employee’s full rights for the warning period agreed upon in the work contract, and it is stipulated that the warning period be one for both parties unless it is in the interest of the employee.
As for the termination of the contract by the employer without the need for a notice of termination, she indicated that Article 44 of the Federal Labor Law in the UAE states that the employer may terminate the employee’s contract without notice, in 11 cases: If the worker impersonates a false identity or nationality, or submits testimonies , or forged documents, if the worker committed a mistake that resulted in a serious material loss to the employer, or the worker deliberately harmed the property of the employer and acknowledged this, provided that he informs the Ministry of Human Resources and Emiratisation of the accident within seven days from the time he became aware of its occurrence, if the worker violates the instructions of the facility’s internal system Concerning the safety of work and workers, or the workplace, provided that these instructions are written and hung in a conspicuous place, and that the worker has been informed of them, if the worker did not perform his basic duties in accordance with the work contract, and continued to violate them despite a written investigation with him for this reason, And warning him twice of dismissal, if this is repeated, if he discloses one of the secrets of the establishment in which he works, and the disclosure is related to industrial or intellectual property, or results in losses to the employer, or a loss of opportunity for him, or a personal interest for the employee, if a final judgment is issued against him. From the competent court in a crime affecting honor, honesty, or public morals, if he was found during working hours in a state of apparent drunkenness, or under the influence of a drug, or committed an act contrary to public morals in the workplace, if he assaulted the employer during work, or The responsible manager, or one of his superiors or co-workers, whether by word or deed, or any form of abuse punishable in the state, if the worker is absent without a legitimate reason or an excuse accepted by the employer for more than twenty intermittent days during one year, or more than Seven consecutive days, the employee illegally exploiting his job position to obtain personal gain, the worker joining work with another facility, without complying with the established controls and procedures in this regard.
She pointed out that the dismissal of the worker without warning is required to take place after conducting a written investigation with him.
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