Discussion on Termination:
The termination based on poor performance is the right of Employer, but as per the UAE Law, it should be based on valid grounds. If both parties are agreed to terminate the Contract, then it is acceptable. If Contract gets expired, then it becomes a normal expiry, which is also accepted by Law. If the termination is based on the terms mentioned in the Employment Agreement, then it is also accepted. Termination of Employment and Contract, shold be one of the core expertise.
The Employment contract can not be terminated with the demise of the Employer, but if the employee meets with his destiny then it becomes expired though his dues and the outstanding amount has to be paid by the employer. If a worker is found in fraudulent activity, crime then employment contract can also be terminated. The employer needs to have proof of this, otherwise, any termination without proof or valid ground will be considered by Law as wrongful termination. For a valid and lawful termination procedure should be as Employer has to serve the warning Letters first, then terminate the worker.
Immediate Termination, especially without a reason is considered as Wrongful Termination by the Law. The Notice Period mentioned in the Employment Contract should be considered and followed by both parties, as per the requirement. Sometimes, both parties are agreed that work will not work on Notice Period, and the employer will not pay him for the notice period. Such adjustments can also be made with mutual consent but should not be breaching Labour Law UAE and the Employment Contract. In Short, Termination should be based on valid grounds as per the defined rules of Labour Law, otherwise, the worker may ask for Compensations.
We recommend that before taking any legal action, better consult a good Labour & Employment Lawyer. It will help you to remove all the doubts and confusions and help you to take a proper decision as per the Law. Many people who take the decision without having the knowledge or without discussing with the experts of the legal industry, have to go through the loss at the end. This Loss can be some penalty, monetary loss etc. This recommendation applies to both parties e..g. employer and the employee. Labour & Employment Lawyers in UAE, are available to provide you with legal support.
It is said that always verify first before moving forward. Your little cost spent on consultation or on Lawyers will save you from a big loss in the future. People or companies with a professional and rational approach always consider it on priority and consult the industry experts before moving further or taking legal action. You can read the blogs or journals online to grab the knowledge, but it’s better if you consult licenses lawyer or legal consultant before moving further.