Labour and Employment Lawyers: MOHRE and False Terminations

The Labour and Employment Laws of the United Arab Emirates (UAE) govern the rights and obligations of both employers and employees. When it comes to termination, the laws set out certain requirements that employers must follow to ensure that they are complying with the UAE Law. Under new UAE Labour and Employment Law, employers may only terminate an employee for a valid reason. Apart from this, it’s not like before for employees too, to prove the false termination. A Valid reason for termination can include:

• The employee has committed a serious violation of company policies or UAE laws. The employee has engaged in misconduct that has caused damage to the company or its reputation.
• The employee is unable to perform the job due to illness or injury. The employee has engaged in absenteeism or consistently arrived late for work. The company is experiencing financial difficulties and needs to reduce its workforce.

Before terminating an employee, the employer must follow certain procedures. They must provide the employee with written notice of the termination, stating the reasons for the termination and the date it will take effect. The reason must be justified supported by events and the losses causes due to those events.

They must also provide the employee with their end of service gratuity (ESG) as required by law, which is calculated based on the employee’s length of service and final salary. There is no right for employer to block the employee’s receivables. If there has been a loss then as per Law he can open the case or ask for separately. If it is not like that, then employer might also have to face the consequences. Employment Lawyers in Dubai can be hired to calculate the End of Service amount.

If an employee believes that they have been terminated unfairly, they can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE) within one month of the termination date. Search Lawyers for Unfair Terminations Here.

The MOHRE will then investigate the matter and try to resolve the issue between the parties. If the matter cannot be resolved, the case may be referred to the labor court for resolution.

• It’s important to note that certain categories of employees, such as those on fixed-term contracts, may not be entitled to the same level of protection as permanent employees. In addition, employees who are terminated for valid reasons may not be entitled to certain benefits such as notice period pay or severance pay.

Overall, UAE Labour Law provides clear guidelines on termination procedures and aims to protect the rights of both employers and employees. Employers should ensure that they are following the law when terminating employees to avoid legal disputes and penalties.

An employment and labor lawyer can provide valuable assistance to both employers and employees when it comes to termination.  A lawyer can help employers understand the legal requirements for termination.

They ensure that they are following the proper procedures. They can also advise employees on their rights in case of termination and whether they have a valid claim for wrongful termination.

A lawyer can review employment contracts to ensure that termination clauses are properly drafted and legally enforceable. They can also identify any potential issues that may arise in case of termination.

A lawyer can help negotiate severance packages for employees who are being terminated. They can ensure that the package is fair and reasonable, taking into account the employee’s length of service and other factors.

They will be representing clients in legal proceedings. If a termination dispute ends up in court, a lawyer can represent their client’s interests and ensure that their rights are protected. They can also help employers defend against wrongful termination claims.