أسئلة وأجوبة
Can a company terminate an employee for refusing to do work not in the contract?
Hello,
Is it allowed for a company to terminate an employee because the employee refused to do work not stated in the contract?
Hello,
In the UAE, it is generally not allowed for a company to terminate an employee solely because the employee refused to perform work that was not explicitly stated in their employment contract.
If the employer asks an employee to perform tasks fundamentally different from what was agreed upon in the contract, the employee has the right to refuse these tasks, especially if there is no written agreement to amend the contract.
If an employee is found to have been unfairly dismissed, the court can order the employer to pay compensation to the employee, up to a maximum of three months' salary, in addition to any other entitlements like end-of-service gratuity and notice period dues.
If you need further clarification, you may ask us.
Greetings,
In the UAE, an employer cannot terminate an employee solely because they refuse to perform tasks not outlined in the employment contract.
Employment contracts should clearly specify the duties and responsibilities of the employee. If the employee is asked to perform tasks outside the scope of the contract, they may have grounds to refuse.
However, if the employee's refusal is unreasonable or causes a breach of contract, the employer may take action, but this should be handled carefully and in compliance with UAE labor laws.
For detailed guidance on your specific case, we recommend booking a consultation with us or providing us with a power of attorney for further legal assistance.
Hello,
Under UAE Labour Law (Federal Decree-Law No. 33 of 2021), an employer cannot terminate an employee solely for refusing to perform work outside the scope of their contract.
Article 12 requires that the employment contract define the nature of the work, and tasks beyond that may be refused by the employee.
Termination for refusal to undertake non-contracted duties is generally considered unlawful unless the tasks are reasonable, temporary, and related to the employee's role.
According to Articles 44 and 47, such a dismissal could be seen as arbitrary, entitling the employee to compensation up to three months’ wages if deemed unfair. You can approach MOHRE against the termination.
For legal support, kindly contact us.
Thank you!
Greetings,
Firstly, a formal investigation must be conducted with the employee regarding the reason for refusing to perform their duties before issuing a decision to terminate their employment.
However, if the task in question differs from what was agreed upon in the employment contract, then termination is not permitted.
Best Regards,
