Terminated for performance issues without prior warning while on vacation. What should I do?

Dear Sir/Madam,

Thank you for reaching out regarding your employment termination issue!

Based on the UAE Labour Law and the details you have provided, here is a professional response outlining your rights and the steps you can take:

1. Notice Period and Termination Procedure:

Under Federal Decree-Law No. 33 of 2021, employers are required to provide a notice period of 30 to 90 days before terminating an employment contract, unless termination is due to misconduct under Article 44 (e.g., gross misconduct, fraud, or unauthorized absence).

Termination due to performance issues must be supported by documented warnings, performance reviews, or improvement plans. The absence of prior warnings in your case may indicate non-compliance with proper procedures.

2. Arbitrary Dismissal:

If your employer dismissed you without following due process (e.g., no prior warnings or valid justification), this could be considered arbitrary dismissal under UAE Labour Law.

Arbitrary dismissal entitles you to compensation of up to three months' salary, in addition to any other entitlements such as gratuity and notice period pay.

3. Your Rights Upon Termination:

As per UAE Labour Law, you are entitled to:

- Notice period pay (if no notice was served),

- End-of-service gratuity, calculated based on your length of service,

- Any unpaid salary or accrued leave, and

- Compensation for arbitrary dismissal, if applicable.

4. Steps You Should Take:

a) Request Clarification from Your Employer:

Send a formal email or letter requesting clarification on the termination decision and why proper procedures (e.g., warnings or notice) were not followed.

Request payment of your full entitlements, including gratuity, notice pay, and any pending dues.

b) File a Complaint with MOHRE:

If your employer does not respond adequately or refuses to settle your dues, file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

MOHRE will attempt to mediate between you and your employer. If mediation fails, the case will be referred to the labor court.

c) Labor Court Proceedings:

If the matter escalates to court, ensure you have all relevant documents, such as:

- Employment contract,

- Termination email,

- Evidence of performance reviews (if available), and

- Any correspondence with your employer.

The court may award compensation for arbitrary dismissal if it finds the termination unjustified.

5. Legal Representation:

Given the complexity of termination cases and the potential financial implications, it is advisable to consult with a legal professional specializing in UAE labor law. They can guide you through the process and strengthen your case.

6. Grace Period:

After termination, you are entitled to a grace period during which you can either transfer to a new employer or leave the UAE. Ensure that your visa status is updated accordingly.

You have strong grounds to challenge the termination if no prior warnings or valid justification were provided. Start by engaging with your employer formally and escalate the matter through MOHRE if necessary.

Protecting your rights under UAE labor law is essential, and legal assistance can further support your case.

Should you require further clarification or assistance in this matter, please do not hesitate to contact us.

Yours sincerely,

ABDUL WAHIED

Termination for performance issues requires a fair and documented process. This typically involves warnings, performance improvement plans, and opportunities for the employee to address the issues.

Sudden termination without prior warnings or documentation is generally considered unfair. Your contract or UAE labor law should specify the required notice period for termination.

Even for performance-related terminations, a reasonable notice period is usually required. You may be entitled to an end-of-service gratuity based on your length of service.

Unfair termination may affect the calculation of your gratuity. Respond to the termination email in writing, requesting clarification on the specific performance issues and the lack of prior warnings.

Clearly state that you believe the termination is unfair and that you intend to pursue your legal rights. We will let you know the procedures in detail.

Kindly share your WhatsApp number so we can discuss this further.

Dear Inquirer,

We are pleased to serve you and address your inquiries.

You can contact the Ministry of Human Resources and Emiratisation regarding your various rights, whether salaries, end-of-service gratuity, vacation allowance, or others.

Kindly contact us via email or call our offices in Dubai or Sharjah.

Greetings,

According to Article 43 of the Labor Law, either party to the contract may terminate the employment contract "for any legitimate reason," provided that:

- The other party is notified in writing.

- The contract continues to be executed during the notice period, which must not be less than one month and must not exceed three months.

In addition, both parties to the contract must adhere to the following:

- The employment contract continues throughout the notice period and ends upon its conclusion.

- The employee is entitled to their full salary for that period according to the last salary they received.

Best Regards,

Hello,

In the UAE, for performance-related terminations, the employer is required to provide warnings before termination.

If your employer has not given you any written warnings or opportunities to improve your performance, then your termination may not be legally justified.

According to UAE Labor Law, even in cases of non-performance-related termination, employers are typically required to provide a notice period (usually 30 days, unless a different term is agreed upon in your employment contract).

If no notice period was mentioned in the email, it could indicate that the termination is not in accordance with the law.

If the employer insists on terminating your contract and there is no valid justification, or if they do not provide you with the required notice period or severance pay, you can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

Hello,

In your case, termination due to performance issues without prior warnings or notice may not comply with UAE Labour Law. Here’s what you should know:

- Unfair Termination: If no warnings or documented performance issues exist, you may have grounds to challenge the termination.

- Notice Period & Compensation: Your employer is generally required to provide notice or compensation in lieu of notice.

- Legal Action: You have the right to file a complaint with the Ministry of Human Resources & Emiratisation (MOHRE) or relevant free zone authority.

To understand your legal options and ensure you receive your full entitlements, book a consultation with us today! We can also assist you in filing a case if needed.

Let us know how you’d like to proceed.

In the context of your employment termination in the UAE, it is important to understand that Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations governs labor relations and requires employers to follow specific termination procedures, including providing notice and documented evidence of any performance issues.

To address your situation, review your employment contract, document all communications, seek legal advice, and, if necessary, file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE) to contest what appears to be an unjustified termination without due process.