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Termination for non-performance without prior warnings

Hi!

I would like to ask for advice.

The company has terminated me last June 30, 2019. My work is a visual merchandiser and we have 16 stores across the UAE which I need to visit all in one month.

But last April and May, I have not visited some of the shops due to other important and urgent work.

The company suddenly send me a termination letter due to non-performance which I am really shocked because I didn't understand that they put non-performance if I am doing other important and urgent projects.

There is no warning letter given to me. Since I'm getting pressure from the HR, I had signed the termination letter and it was effective June 30, 2019.

But after 3 or 4 days, the company asked me to come to work for 1 month notice period July 1-31. Then they ask me to work again in August, and then until September 15. Then they terminated me.

I need your advice if there's a chance that I could complain about this to the labour and the chances of getting the correct compensation.

Thanks

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Maryam Hayyaz & Wejdan Bushahab Advocates
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12 Oct 2019, 07:56

Dear Questioner,

You definitely have a very good chance of getting good amount of compensation.

The employer has to serve 3 notices of non-performance if he wants to terminate an employee for non -performance.

Kindly contact us on the phone for a detailed discussion or write to us at our email for further assistance.

12 Oct 2019, 08:00

Dear Maryam,

Thank you for your prompt response. I really appreciate it.

One last question. Can you please guide me on where and how I can file a complaint since this is the first time I'm experiencing this case.

Thanks

12 Oct 2019, 08:02

Kindly initiate a labour complaint with Tawafouq centre (Ras al Khor) which will further be transferred to the labour court.

12 Oct 2019, 09:23

Hi,

Can I go to Tasheel as well to file my complaint?

LPP Global for Legal Consultancy
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12 Oct 2019, 10:16

Hi Dear,

As we understand your inquiry, here are some information that might help you.

In arbitrary dismissal, employers are liable to compensate the employee for wrongful termination along with the gratuity and other dues.

In redundancy, there is no such compensation other than gratuity pay and/or notice period compensation.

You have the chance to file a labour complaint before the courts and get your EOS along with compensation of arbitrary dismissal.

If you want more information or clarifications, you can contact us on email or phone.

12 Oct 2019, 10:18

Hi Ali,

Thanks for your quick response.

I just want to know if the company can give me a labour ban if I proceed with my complaint?

13 Oct 2019, 12:47

Hi,

Please let me know, is this a free zone company or a mainland company in the UAE?

Regards,

Ali.K

13 Oct 2019, 12:55

Private.

13 Oct 2019, 13:12

I understand your part that the company is confidential.

But before giving you such advice, I need to know the accurate details because for you to be aware there are different rules and regulations in between free zone and mainland companies.

Regards,

Ali.K

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Mohamed Bakheet Advocates & Legal Consultants
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17 Oct 2019, 12:10

Dear Sir,

You can initiate a labour complaint against your employer and there is a good chance for you to get good amount of compensation.

If you need further assistance or clarification, please feel free to contact us on the phone or email.

Regards.

17 Oct 2019, 12:15

Hi Mohamed,

If my company didn't settle through the Ministry of Labour with the arbitrary dismissal and decided to go to the court, do I need to hire my own attorney or the Ministry of Labour can provide it for me?

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