Unfair Dismissal Legal Support in Dubai: Your Rights Under UAE Labour Law

If you have been unfairly dismissed in Dubai, you can ask for compensation up to three months’ salary under Article 122 and Article 123. Article 122 defines arbitrary dismissal and Articles 123 is for the compensation. UAE Labour Law states that if any employee faces unfair termination, he can complain to MOHRE and file a valid court case against your employer. Along with the 3 months’ compensation, the employer is liable to pay end-of-service gratuity, notice period pay, unpaid leaves, and all the unpaid dues. Claims must be filed within one year, starting with a free complaint to the Ministry of Human Resources and Emiratisation (MOHRE). UAE labour laws clearly state that an employee has a right to complete his employment contract if he is performing well and there is no issue of behavior, conduct, performance, or productivity. As per UAE labor law, the employee can only be terminated if there is a valid ground for termination. Unfair termination can be challenged under UAE law. Our Emirati advocates and legal consultants in Dubai represent employees and employers in labour disputes.

Under Federal Law No. 8 of 1980, the termination of an employee is considered arbitrary if

• The cause of termination is not relevant to the work
• The employee was dismissed because they filed a serious complaint with the competent authorities or a valid lawsuit against the employer.

In the UAE, labour law provides broad protection. If your employer does not have any genuine, work-related reason for your termination, like poor performance supported by evidence, employee theft, severe bullying, or sexual harassment. In the case a specific job position is no longer needed by a company, an employer can let go of the employee. United Arab Emirates labor rules require businesses to handle role eliminations carefully. In this case, they are entitled to official notice periods and end-of-service benefits.

Article 120 allows summary termination without notice only due to serious causes, such as adopting a false identity, submitting fake documents, a proven mistake causing considerable material loss, repeated violation of safety instructions despite written warnings, unjustified absence for more than 20 intermittent days or 7 consecutive days in one year, disclosing trade secrets, a final conviction for a crime involving honor or honesty, being found drunk or under the influence of drugs during working hours, or assaulting the employer or colleagues at work.

Under Article 123, the court may order the employer to pay compensation of up to three months’ total compensation, which can be calculated on your last salary, including allowances. The judge assesses the matter of work, the harm you suffered, and the service period. This compensation includes 3 months’ full salary, along with notice period salary, any due overtime, commission, and end-of-service entitlements.

If the notice period is included in the employment contract and the worker stops working during the notice period, then employer also has to be paid for the notice period months. Arbitrary dismissal, unfair dismissal, or wrongful termination needs to be proved in court if it becomes a court case. The court always demands supporting documents, and the unavailability of supporting documents may turn the judgment against you. Wrongful Termination Lawyers can be hired to prove their stance in the labour court.

File a complaint against the employer within one year. Article 6 states that labour claims filed more than one year after cannot be recovered. While you’re going to file a complaint against your employer, you should follow these steps:

1. Gather evidence. Employment contract, termination letter, salary certificates, warnings, emails, and any complaint you filed before dismissal.
2. File a complaint with MOHRE for Dubai mainland, and if the company is registered in a free zone, then contact the relevant free zone authority. The Ministry can call you for an amicable settlement between the parties.
3. Referral to the labor court. If settlement is not made within the specific period, MOHRE refers the dispute to the competent court. Under Article 5, employee claims are exempt from court fees at all stages.
4. Judgment and enforcement. If the court finds the termination unfair, the employee can claim compensation plus your outstanding entitlements under Article 123.

For free zone companies, DIFC Employment Law No. 2 of 2019 took effect on 28 August 2019. ADGM likewise has its own regulations. Most other free zones follow the federal labor law. Our experienced employment lawyers can help you to claim your compensation in case of dismissal, gratuity, and wage disputes before MOHRE and Dubai Courts.