e - Should the worker fail to perform his main duties in accordance with the employment contract, and fail to remedy such failure despite a written investigation on the matter and a warning that he will be dismissed in case of recidivism. if both, the employer and employee mutually agree to end it. 5 - In such case, the thirty-day period referred to in clause 2 of the present Article shall run as of the date of the deposit by the employer of the specified expenses and entitlements into the treasury of the Ministry of Labour with the knowledge of the Labour Department. Under Article 117 of the UAE Labour Law, a company may terminate an unlimited term employment contract for a valid reason at any time by providing at least 30 calendar days’ notice of termination to the employee (or longer if the employment contract provides for a longer notice period). All rights reserved. Can I claim unjust termination and claim compensation pay of up to three months? The court will assess the value of compensation taking into account the type of work, the extent of damage incurred to the employee and the duration of the employment. According to Article 125 of the UAE Labour Law, an employee upon end of contract should be given an end-of-service certificate detailing start date, end date and nature of … b - End of service gratuities and any other entitlements undertaken by the employer in accordance with the employment contract, establishment policies or the law. if a worker commits any of the violations as mentioned under Article 120 of the Labour Law. In case of unlimited contracts, an employment relation is terminated if both, the employer and employee mutually agree to terminate the contract, or when e. ither party decides to terminate the contract provided that the terminating party abides by the legal notice requirements and continues to honour his obligations. This is in accordance with Article 120 (e) of the Federal Law No. However, the agreement on the extension of such period shall be permissible. As amended by Federal Law no. The UAE Labour Law sets out a list of occupational injuries and diseases which makes the employee eligible for compensation if contracted at work. DDA has prepared an electronic form of Gratuity Calculator for sample calculation basis to Licensees and their employees in respect to […] A limited contract cannot exceed two years' term and it must mention the notice period ranging from a minimum of one month to a maximum of three months. The employer may dismiss the worker without prior notice in any of the following cases: a - Should the worker assume false identity or nationality, or submits false certificates or documents. Employment contract termination is legally allowed under logical reasons. Maintain physical distance; stay 2 metres (6 feet) away from others. An employee can terminate an employment contract without notice period if: Arbitrary or unfair dismissal takes place when an employer terminates an employee or forces him to resign without any justifiable reasons. Should the worker not vacate the accommodation after the elapse of the said thirty-day period, the Labour Department shall cooperate with the pertinent authorities in the emirate to take the necessary administrative measures for the vacation. Q: Does article 120 of Labor Law in case of termination by employer cover the following situation: An employee went on an emergency leave due to his Mother's hospitalization and after 45 days she passed away. Should the non-national worker notify the employer of his desire to terminate the contract with undetermined term, and leaves work before the expiry of the legally prescribed notice period, he may not get another job, even with the permission of the employer and such for a period of one year from the date of abandonment of the work. 26 Jun 2018, 06:58 d - Should the worker violate the instructions related to the safety at work or in the work place, provided that such instructions be written and posted in a prominent location, and that he is notified thereof should he be illiterate. If an employee believes that he has been dismissed illegally, he can complain to Ministry of Human Resources and Emiratisation. While this Federal Decree-Law introduces a number of important amendments affecting LLCs and joint stock companies, … should the cause of termination not be related to the work , in particular should the termination of the employment of the worker be made by reason of the filing by the latter of a serious complaint before the pertinent authorities or a valid claim against the employer . This relationship is usually regulated by way of a contract of employment that sets out the rights and obligations of each party in light of the provisions of the Employment Law. Such authority may recover such expenses by means of attachment. 6 - The provisions of the present Article shall not prejudice the right of the worker of contestation thereof before the competent court. Article 120 of the UAE Labour lays out the reasons for which termination without notice is lawful. This website stores cookies on your computer. Article 113. Article 117 which reads as follows: “Both the Employer and the Employee may terminate a Contract of Employment of unlimited period for a valid reason at any time following its conclusion by giving the other party notice in less than 30 days before the termination. 8 for the year 1981, otherwise known as the Employment Law. compensating the other party to the level that was agreed to by both the parties, provided this does not exceed the equivalent of three months' gross wages. 4 - Should the worker contest the amount of the said expenses and entitlements, the competent labour department shall specify such expenses and entitlement in an expedite manner within a week from the date of notification thereto, provided that it notifies the worker thereof upon their specification. Chapter VII: Termination and Severance Pay - UAE Labor Law May 3, 2016 / 772 / Category : Uae Labour Law Share On Facebook Share On Twitter Section I: Termination of Employment. 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