What to do if you get terminated and denied gratuity for a minor mistake?

Greetings of the day,

According to UAE labor law, an employee who has completed one or more years of continuous service is entitled to a gratuity payment upon termination of employment.

The gratuity amount is calculated based on the employee's basic salary and length of service.

In your brother's case, if he has completed 11 years of continuous service with the company, he is entitled to receive his gratuity payment.

The fact that he was terminated for an incident/accident does not affect his right to receive the gratuity.

Best Regards,

Sara Al Saedi Advocates & Legal Consultants

Yes, he must fight for all his labor rights.

Please text me on WhatsApp.

Yes, according to the law, he is entitled to an end-of-service reward if he does not commit any of the violations stipulated in the law.

So contact us on the phone.

Hello,

Under UAE labor law, an employee who has completed one year or more of continuous service is entitled to gratuity.

The standard entitlement is 21 days' pay for each year of service if the employee is terminated without cause.

The incident was caused by a lack of support and not by intentional misconduct or gross negligence.

The fact that the pilot confirmed that the damage was aesthetic and could be painted over is also significant.

Your brother can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

The ministry handles labor disputes and can mediate in cases of wrongful termination or withheld benefits such as gratuity.

The ministry will review the case, investigate the facts, and intervene to ensure that your brother’s gratuity is paid as per his entitlement.

Dear Client,

Thanks for your question!

I hope you are doing well. I will assist you in this matter.

Your brother has a strong case to claim his gratuity after 11 years of service. The UAE Labor Law protects employees' rights to end-of-service benefits, especially when termination results from a non-malicious incident.

Since he reported the accident promptly, demonstrated responsibility, and worked under challenging understaffed conditions, he should:

1. Gather all documentation

2. Consult a labor lawyer

3. File a complaint with MOHRE

4. Request a detailed explanation for termination

5. Challenge the gratuity withholding

The key is proving the termination was unjust and that the incident wasn't gross negligence. With proper legal guidance, he has a high probability of recovering his full end-of-service benefits.

Thanks & Regards,

ABDUL WAHIED

Dear Questioner,

Thank you for your inquiry.

Based on the details you provided regarding your brother’s termination from the jet company, here is an overview of his rights under UAE labor law:

Gratuity Entitlement: As your brother has worked for the company for 11 years, he is generally entitled to end-of-service gratuity regardless of the reason for termination, unless the termination was due to gross misconduct (such as theft, fraud, or other severe actions).

In your brother’s case, since the incident was not due to malicious intent or gross negligence, he should still be entitled to his gratuity, as the termination does not meet the criteria for denying this benefit.

Company's Responsibility: The fact that the company has terminated your brother and refused to pay his gratuity is a serious matter.

Since your brother reported the incident promptly and owned up to the mistake, he has demonstrated responsible behavior.

The company cannot withhold the gratuity unless it can prove gross negligence—which, based on the facts provided, does not seem applicable.

Next Steps:

Filing a Complaint with MOHRE: I recommend filing a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

MOHRE will investigate the circumstances surrounding the termination and assess whether the company’s actions were in violation of labor laws, particularly regarding the gratuity entitlement.

Pursuing Legal Action: If MOHRE cannot resolve the matter, we may proceed with a claim in the Labor Court to demand your brother’s gratuity and any other outstanding dues.

I strongly advise moving forward with filing the complaint, as the company’s refusal to pay the gratuity may be legally challenged.

If you need assistance in drafting the complaint or pursuing further legal action, I am happy to assist.

Best regards,

Mohammed Salah

Legal Consultant

Under UAE law, employees are generally entitled to gratuity if their employment is terminated, unless it is due to gross negligence or unlawful behavior.

Since the incident was not due to gross negligence or malicious intent, your brother can fight for his gratuity. He can contact us via WhatsApp for further details. We specialize in such cases.

Dear questioner

Yes, we can file a complaint in the Labor court for the same, we can submit the evidence and then go for the gratuity

. Kindly share your WhatsApp number to discuss this further.

Hello,

I understand how upsetting this situation must be for your brother, especially given his long tenure and dedication to the company.

Based on UAE Labour Law, specifically Federal Decree-Law No. 33 of 2021, your brother may have a valid claim to his end-of-service gratuity, as his termination does not appear to fall under the legally defined circumstances for withholding such entitlements.

Article 44 of the law specifies the conditions under which an employer can terminate an employee without notice and deny end-of-service benefits.

These include gross misconduct, such as willful damage to the employer's property, fraud, or severe violation of workplace rules.

Since your brother promptly reported the incident, and there was no evidence of malicious intent or gross negligence, this does not seem to meet the threshold set by the law for denying gratuity.

Moreover, Article 51 of the same law ensures that an employee who has completed more than one year of service is entitled to gratuity, calculated based on their basic salary.

For an employee with 11 years of service, this entitlement would typically include:

- 21 days' basic salary for each of the first five years, and

- 30 days' basic salary for each year thereafter.

The employer’s failure to provide adequate staffing, which contributed to the incident, could further strengthen your brother’s case.

The law requires employers to ensure a safe and reasonable working environment for their employees.

If your brother wishes to contest the company’s decision, the first step would be to file a formal complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

He should present evidence, including proof of reporting the incident promptly, a detailed account of the working conditions, and any communication with the employer regarding staffing issues.

If the issue is not resolved through MOHRE mediation, the case can be escalated to the Labour Court, where a judge will evaluate whether the termination was lawful and whether gratuity should be paid.

I would be happy to assist your brother in preparing his complaint and representing him throughout the legal process.

You can reach me directly by phone or via email, and I will ensure he receives the guidance he needs.

Thank you for reaching out with your inquiry!

Based on the details you've provided regarding your brother's employment situation, there may indeed be grounds to challenge the termination and seek the gratuity he is entitled to under UAE labor law.

In the UAE, gratuity is a statutory entitlement for employees who have completed more than one year of service. However, the employer may lawfully deny gratuity in cases of gross negligence, which typically refers to extreme or reckless behavior.

Based on your description, it appears that your brother's actions were not driven by gross negligence or malicious intent, but rather a result of a lack of proper support and overwork. The fact that he owned up to the mistake and reported it promptly strengthens his position.

If the termination was not for a legitimate reason such as gross misconduct, and if your brother fulfilled his obligations, he may have a strong case for claiming his gratuity, especially since he worked for 11 years.

Additionally, if the termination was handled improperly or if there were procedural issues, this could further support his case.

I recommend that he consults with a lawyer to discuss the possibility of filing a claim for unfair dismissal and gratuity recovery.

We can also review the employment contract, the circumstances surrounding the termination, and any relevant communications to evaluate his case in more detail.

Feel free to contact me via WhatsApp or phone to discuss this matter further and explore the best course of action for your brother.

Best regards,

Suhail Rana