Is Your Dismissal Arbitrary Under UAE Law?


In the UAE (considering all free zones in the UAE other than the DIFC and ADGM), private businesses are required to follow UAE Federal Law No.
8 of 1980, UAE Labor Law the foremost enactment with respect to employment matters in the UAE. Labor law governs all sorts of issues that may arise between the employer and employee.
Wherein, Employment Lawyers of Dubai will discuss the aspects of arbitrary termination of employees in UAE. Arbitrary Dismissal Defined In other words, arbitrary dismissal is known as “unfair termination” wherein an employer chooses to lay off an employee without any reasonable ground.
This sort of excusal is, as a rule, contrary to the guidelines set in by the UAE Labor Law. Thus, it is considered as an arbitrary dismissal, thereby allowing the employees to register a complaint or a case before the labor courts for seeking compensation for the arbitrary termination.
Nevertheless, it is significant for all the employees to understand the scenarios where your termination can be considered as arbitrary. Article 122 of the UAE Labor Law states that any termination of an employee without any reasonable ground or on a ground unrelated to work authorizes the employee to register a complaint against the employer for unfair dismissal.
In this regard, it is important to note that the word arbitrary is vague and the law has not mentioned the grounds in which any dismissal will be arbitrary. Therefore, there are several cases as witnessed by Labor Lawyers in their past experience such as if in any circumstance, an employee was terminated due to the loss suffered by the company, and the company shall report such loss immediately (within 48 hours) to the Ministry of Human Resource and any failure to report such incident will allow the employee to register a case for arbitrary dismissal from the employment.
Secondly, demotion in the position of the employee with reduction of salary can be taken into consideration as arbitrary dismissal allowing the employee to register a complaint, however, a decision in this regards is completely a discretion of the court, depending upon various factors, which can be explained to you by your Employment Lawyer. In another circumstance, where the employer forces the employee to serve resignation, by misusing his position or by coercion.
In such cases, if the employee proves such threats by way of witnesses or some documentary evidence, the court may issue a judgment in his/her favor. The maximum amount of compensation that can be granted to a labor/employee in cases of established arbitrary dismissal is three months’ compensation on the basis of the last full salary withdrawn by the employee.
 In addition, the court may consider any additional bonus the employee used to receive during his employment as part of a monthly salary. However, the amount of compensation will be determined by the court along with the cost of initiating the court procedure.
Source: Free Articles from ArticlesFactory.com Dr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law, and arbitration.
   .

Top blog stories

A review of Idmobile.com

Idmobile.com offers both pay-as-you-go and contract plans. Pay-as-you-go plans are ideal for customers who don't want to be tied down to a long-term contract, and they can purchase bundles of data, minutes, and texts as and when they need them.

see post

A review of Idmobile.com

Idmobile.com offers both pay-as-you-go and contract plans. Pay-as-you-go plans are ideal for customers who don't want to be tied down to a long-term contract, and they can purchase bundles of data, minutes, and texts as and when they need them.

see post

AO.co: Online Shopping Made Simple

AO.co is a trusted expert in TVs, washing machines, clothes dryers and other household appliances. AO.com is one of the largest retailers in the UK and it specializes in electronics, clothes and home furniture.

see post

For our people.

At Three, we believe phones are good. They just make life better. Easier. And more fun. But we all need to find a balance that works for us. Our mission is to help our customers use their phones to live their best lives.

see post

We make your life easier

We make your life easier Since 1992, we’ve been helping customers get the best deal on their dream phone. We firmly believe in giving you the highest quality, for the lowest price. That’s why we work with three of the UK’s leading networks to do all the haggling for you,...

see post

FOUR BRANDS BECOME ONE. CURRYS.

Currys PLC is a leading omnichannel retailer of technology products and services, operating through 800+ stores and 16 websites in seven countries.

see post

Halfords - Quicker, Easier, and Convenient.

At Halfords, we're all about the journey. With more than 700 stores with over 10,000 colleagues, we're the UK's leading retailer of automotive and cycling products. We are also the leading operator in MOT, tyres, car servicing and car repairs - pleasing more than 750,000 customers every year.

see post

FOUR BRANDS BECOME ONE. CURRYS.

Currys PLC is a leading omnichannel retailer of technology products and services, operating through 800+ stores and 16 websites in seven countries.

see post

Sky - Epic. Endless. Entertainment.

It's important to us that everyone gets great customer service and can enjoy our products, no matter their level of sight. So, if you're blind, partially sighted or struggle to see or read the screen, we’ve a range of features to help you get the most from our products and...

see post

Nasty Gal - We exist for the “girl in progress”.

Look iconic, without the hassle— using Nasty Gal discount codes, you can shop your favorite pieces for way less by simply entering one of our promotional codes (of your choice) at the checkout. From delivery offers, to promo deals, we keep ‘em coming, so you always have the offer you...

see post

Digital Publishing From Past to Now

The Covid-19 has caused the school and universities to shut down around the world creating a major issue in Learning and Education. As this virus spreads through the interaction and if social distanci... The Covid-19 has caused the school and universities to shut down around the world creating a major...

see post

Why it’s Important to Manage Your Holiday Calendars?

A printable calendar 2021 is a prominent online platform where you download printable calendars of your choice. These calendars can be customized as per our client requirement with photo, text, logo, or any other image. If you are thinking of planning a dream vacation tour with family and kids but...

see post

Lace Wigs To Get That Perfect Hair


The use of lace wigs for brilliant hair styles is increasing in popularity each day. Gone are the times when hair augmentation or wigs were used only for surgical or emergency purposes. Today, everyon... Source: Free Articles from ArticlesFactory.com

Prada – Way to Perfection


It's difficult to enumerate the whole number of fashion brands producing clothes, shoes and non-apparel today. However, among all this infinite multitude of companies there are a few which are as well... Source: Free Articles from ArticlesFactory.com

Sports Fashion Brand


Sport has become an inherent part of modern life. It's hardy possible to imagine today's society without such significant sports events as Olympic games, Football World Championships, Tennis World Cup... Source: Free Articles from ArticlesFactory.com

Burberry Check Patterns


Everything changes in this fast paced world however there are things that remain iconic and do not lose their significance even in the course of time. As it is well-known fashion industry is one of th... Source: Free Articles from ArticlesFactory.com

Athletic Shoes In A Womens Shoes Size 11


Shopping for shoes can be a lot of work for any woman, but for women with larger shoes sizes, it proves especially trying.  This article will discuss some tips to help you enjoy a successful shopping experience. Many women who have large feet feel that they can only purchase athletic...

Use Fancy Flat Womens Formal Shoes For The Bridal Party


For a bridal party member, looking your best is important.  One of the most important aspects of your outfit will be your shoes.  This article will give you some tips on fancy womens shoes. Spring and summertime are popular seasons for couple to exchange their marriage vows. Weddings are known...

Living With Eczema


Normal 0 MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-siz... The biggest reason why one is constantly reminded of the eczema skin condition is due to the incessant itching. Eczema is chronic though there are ways to acheive relief. Remember to use warm water only , not rub your...

Urbanears Plattan Review – Good Pair Of Headphones?


Urbanears is one of the newest names in headphones, leading the charge with their colorful on-ear Plattans. But are they worth owning? Find out in this Urbanears Plattan review. Source: Free Articles from ArticlesFactory.com Looking for DJ Headphones? DJHeadphonesHub is an authorized dealer for all of the best DJ headphones...

How to Calculate CSA Payments


CSA payment is an amount fixed by the court that the non-resident parent needs to give to the other parent in order to match the wide variety of expenses that go along with raising children like clothes, schooling, rent etc after a divorce agreement. CSA payment is an amount fixed...

Womens Silver Shoes Can Be Found At A Bargain


The right pair of silver shoes can turn the ordinary dress into something that people will notice.  Shopping online  allows one to browse through entire lines of shoes from the comfort of your home. Womens silver shoes are probably the one pair that many wish to have but few actually...

Search topic

Womens Silver Shoes Can Be Found At A Bargain

The right pair of silver shoes can turn the ordinary dress into something that people will notice.  Shopping online  allows one to browse through entire lines of shoes from the comfort of your home. Womens silver shoes are probably the one pair that many wish to have but few actually...

Learn more