أسئلة وأجوبة
Terminated without warning for unsatisfactory performance. What are my rights?
Hello,
I have been terminated by my employer suddenly with the reason of unsatisfactory performance; however, I did not receive any feedback in this area.
In fact, I received an increment last month with no prior warning letters. I am really shocked by this decision, and during the meeting, I was pressured by the line manager and HR Director, due to which I got overwhelmed and signed the termination.
They gave me a 3-month notice period under Article 43. Also, in my EOS calculation, they only included the gratuity but did not add the annual leave pay or the 3-month notice period salary.
It’s my third year in the organization, and I am on company sponsorship under a limited contract. I want to know my rights as an employee and what action I should take in this regard.
Hello,
Under Article 43 of the UAE Labour Law, either party may terminate a limited contract by giving 3 months’ written notice or payment in lieu of notice.
You are entitled to salary for the full 3 months’ notice period, even if you are not asked to work during this time.
Employers must provide clear warnings and opportunities to improve, including documented performance feedback.
If you received an increment recently and no prior warnings, this termination could be challenged as unfair dismissal. File a Complaint with the Ministry of Labour:
- You can file a grievance for unfair termination or incorrect final settlement.
- The Ministry can mediate and ensure you receive all your legal dues.
Hello,
Thank you for sharing the details of your situation!
Based on the information provided, you may have a valid claim under UAE Labor Law. You are legally entitled to your full 3-month notice salary, payment for any accrued but unused annual leave, and end-of-service gratuity (calculated as 21 days of basic salary per year of service).
Given the sudden termination for "unsatisfactory performance" without prior warnings, and considering you received a recent salary increment, you may also have grounds to pursue a claim for arbitrary dismissal, which could entitle you to additional compensation of up to three months’ salary.
I recommend filing a formal complaint with MOHRE as soon as possible and gathering all relevant documentation (such as payslips, performance reviews, and employment correspondence).
We can discuss these matters further and review your legal options in detail during our consultation.
Best regards,
Dear Client,
You have the right to receive your full salary for the 3-month notice period, payment for any unused annual leave, and your end-of-service gratuity.
Your employer must include all these in your final settlement. Since you received an increment recently and had no prior warnings, you may have grounds to challenge the termination as unfair.
I recommend formally requesting a detailed breakdown of your settlement from your employer. If they refuse or delay payment, you can file a complaint with MOHRE.
I can assist you with reviewing your case, drafting communications, and filing complaints to ensure your rights are protected.
Let me know if you need professional help.
Dear Questioner,
Thank you for sharing the details of your situation!
Based on your description, you may have grounds to challenge the termination and the calculation of your end-of-service benefits under UAE Labour Law (Federal Decree Law No. 33 of 2021). Here are some key points regarding your rights:
1. Unfair Termination & Lack of Warning:
Receiving an increment recently and no prior warning or performance feedback may indicate that the termination was unfair or arbitrary. Employers are generally required to follow due process, including issuing warnings for unsatisfactory performance.
2. Notice Period & Payment:
Under Article 43, a 3-month notice period is valid. However, if you were not required to work during the notice period, the employer must pay you the full salary for this period in your final settlement.
3. End-of-Service Benefits (EOSB):
Your final settlement should include:
- Gratuity,
- Payment for accrued but unused annual leave,
- Full salary for the notice period (if not worked), and
- Any other contractual entitlements.
4. Limited Contract & Sponsorship:
Your contract type and sponsorship status do not affect your statutory rights. The employer must comply with the Labour Law regardless.
5. Recommended Actions:
- Review your employment contract and all termination documents carefully.
- Collect all relevant evidence such as increment letters, emails, and termination papers.
You can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) or the relevant Labour Office.
If necessary, the case may proceed to the Labour Court.
We can assist you with reviewing your documents, filing a complaint, and representing you in negotiations or court if needed.
Please let me know if you would like to schedule a consultation.
Best regards,
Mohammed Salah
Legal Consultant
Thank you for contacting us via Legal Advice Middle East!
Your situation involves a sudden termination under Article 43 for poor performance, despite receiving a recent salary increment and no prior warnings, alongside an incomplete end-of-service settlement.
We’ve handled several identical cases where employees on limited contracts were dismissed abruptly without procedural fairness, and we successfully secured full compensation, including notice period salary and accrued leave, by filing a formal claim with the Ministry.
While employers are permitted to terminate under Article 43, they must respect contractual and legal obligations, including giving proper written notice, calculating all dues fairly, and ensuring that termination is not arbitrary or retaliatory.
The fact that you received an increment and no warnings contradicts their claim of poor performance.
The most strategic route now is to formally challenge the settlement by submitting a complaint to the Ministry of Human Resources, demanding recalculation of your dues to include:
- Three months’ notice period salary (if you were not allowed to work through it),
- Accrued and unpaid annual leave, and
- Gratuity for your full period of service.
In a similar case we recently handled, the employee signed the termination under pressure, and we succeeded in reversing the unfair settlement terms and recovering over AED 100,000 in unpaid entitlements.
We can assist you by reviewing the signed documents, preparing your legal complaint, and representing you before the Ministry or the Labor Court to ensure your rights are fully enforced.
Our multilingual legal consultants are available in Arabic, English, Russian, Hindi, and Chinese.
Thank you for reaching out, and I understand how upsetting and confusing this situation must be, especially after receiving a salary increment and with no prior indications of performance concerns.
From the facts you've shared, there are several key points that raise red flags and merit legal intervention:
1. Termination under Article 43:
While the UAE Labour Law allows either party to terminate a limited contract with notice, it must be for a valid reason and done in good faith.
Abruptly terminating you on the grounds of "unsatisfactory performance" without prior written warnings, appraisals, or improvement plans contradicts the spirit of due process under UAE Labour Law.
2. Pressure during the termination meeting:
If you were compelled or emotionally overwhelmed into signing the termination, that may be a ground to challenge the validity of your consent. We can also assess whether you were unfairly influenced or intimidated, which may strengthen your claim.
3. End of Service (EOS) calculation:
You are entitled to:
- Gratuity (which they have paid),
- Payment in lieu of accrued but unused annual leave, and
- Full 3-month notice period salary, especially since they invoked Article 43 and asked you to serve notice.
- Any other outstanding dues, including pending expenses or bonuses.
If these were omitted from the EOS settlement, it reflects a clear underpayment and we can raise a claim for full financial compensation.
Next Steps:
I recommend we immediately file a labour complaint with MOHRE to preserve your rights and prevent any further delays. Time is critical, especially as you are under company sponsorship and your visa situation needs to be factored in during this process.
We can also pursue a claim for arbitrary dismissal under the Labour Law and seek additional compensation depending on the facts and supporting evidence.
Let me assist you in this matter to ensure you receive what you are rightfully owed.
Please reach out to me directly on WhatsApp or call at [---------] so I can review your employment contract, EOS breakdown, and help you take swift legal action.
Warm regards,
Suhail Rana
You have the right to full payment for your 3-month notice period, unused annual leave, and gratuity.
Since you received no prior warnings, you can challenge the termination and should request a detailed final settlement or file a complaint with MOHRE if payments are withheld.
You are entitled to receive all your rights upon termination. Since you have a limited contract, you should receive the notice period salary (3 months), any unused annual leave, and your end-of-service gratuity.
If you were pressured into signing the termination or weren’t given a fair chance to discuss the matter, you may have grounds to challenge the decision.
We specialize in labour dispute resolution and can assist you in recovering your rights and providing the necessary legal advice.
Feel free to contact us via WhatsApp for further inquiries or to learn about the next steps you should take. We are here to support you!
