أسئلة وأجوبة
Is my DIFC company violating my rights by firing me without notice?
Dear Lawyers,
I have been employed at DIFC since May 1st. They want to fire me without notice, citing a probation period of 3 months, but my contract did not specify a probation period.
Among other things, my contract states that I must be notified 1 month in advance. They have now sent me a screenshot from the DIFC portal prescribing 3 months of probation, but this was not in the contract I signed.
Additionally, the company has not provided me with insurance yet, also citing the probation period.
Is the company violating my rights?
Dear Questioner,
- The employer may appoint the worker under a probation period for a period not exceeding (6) six months from the date of commencing work, and the employer may terminate the worker’s service during this period after notifying the worker of this in writing at a minimum of (14) fourteen days before the date specified for termination of service.
- If either party terminates the employment contract without taking into account the provisions of this article, he is obligated to pay the second party compensation equal to the worker’s wage for the notice period or the remaining period of the notice period.
Dear Questioner,
Your employment contract is the primary document governing your rights and obligations.
If your contract specifies a one-month notice period for termination, the company must follow it, regardless of a probation period.
The DIFC portal information might be relevant, but it cannot override the terms of your signed contract. The contract you signed holds more weight.
So you can file a complaint before the respective Free zone authority. They will initiate action.
If you need further clarification, kindly share your WhatsApp number.
Yes, it appears that the company may be violating your rights.
If your contract does not specify a probation period, then they cannot suddenly enforce one without your consent.
Additionally, if your contract states that you must be notified one month in advance before termination, then they must adhere to that requirement.
Furthermore, the fact that the company has not provided you with insurance as required by law is also troubling.
It is important to contact a legal expert or a labor department representative to understand your rights and options in this situation.
It is possible that the company is in violation of labor laws and you may be entitled to compensation or other remedies.
