Issuing a final warning for misconduct to an employee without prior warnings

Dear Inquirer,

We are pleased to serve you and address your inquiries.

You must refer to the provisions of the law regarding the concept of gross misconduct. You can also send a letter warning the employee and take legal measures.

If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Law Firm

Legal Counsel and Consultations

Dear Questioner,

Depending on the seriousness of the act, if it reaches a level of seriousness, it can be warned.

This matter determines the internal regulations of the institution or company concerned.

For further inquiries about your topic, you can reach our office or contact us on WhatsApp.

Dear questioner,

Yes, you can issue a warning letter of 30 days (if the employee worked for not more than 5 years), and then if the employee continues to default or misconduct, then you can terminate him/her on the same basis.

If you need further clarification, please share your Whatsapp number.

Yes, in the UAE, you might be able to issue a final warning letter to an employee for gross misconduct even without prior warnings.

This is enclosed within the UAE labor law so you can.

Dear Questioner,

According to UAE labor law, employers are required to follow a progressive disciplinary process when dealing with employee misconduct.

This means that before issuing a final warning letter, the employer must have issued previous warnings to the employee for similar or related misconduct.

Therefore, if the employee does not have any previous warning letters in their record, it would not be appropriate to issue a final warning letter for gross misconduct.

The employer should instead follow the proper disciplinary process and issue a warning letter for the specific misconduct, and if the behavior continues, then a final warning letter can be issued.

It is important for employers to document all instances of employee misconduct and follow the proper disciplinary process to avoid any legal issues.

If an employee is terminated for gross misconduct without any previous warnings, they may have grounds to challenge the termination and seek compensation.

Dear Questioner,

The employer or their representative can apply any of the following penalties to an employee who violates the provisions of the Labor Law or its implementing regulations:

- Issuing a written warning.

- Deducting from the employee’s wage no more than five days’ wages per month.

- Suspending the employee from work for a period not exceeding 14 days, with a corresponding loss of wages for these days.

- Withholding the worker's periodic bonus for a period not exceeding one year, if the establishment follows a periodic bonus system.

- Withholding promotion for a period not exceeding two years in establishments with a promotion system.

- Dismissal from service, while preserving the employee’s right to an end-of-service reward.

If you would like to learn more about the termination situations according to the new labor law 33 of 2021, please contact us through WhatsApp.

Dear Questioner,

Thanks for your inquiry!

Regarding the above, we would like to inform you that, yes, it is possible to issue a final warning letter to an employee for gross misconduct even if they do not have any previous warning letters in their record.

The final warning letter serves as a last chance for the employee to correct their behavior and avoid termination.

However, it is important to follow the proper procedures and document the misconduct in order to avoid any legal issues.

It is recommended to consult with us as a legal professional before issuing a final warning letter.

Kindly feel free to contact us via phone or email.

Greetings,