Questions & Answers
Claiming compensation for arbitrary termination from employer
Dear consultants,
I have been terminated based on restructuring and redundancy.
I am working in this free zone company for more than 10 years and had a periodic promotion in work and salary (I have an unlimited contract).
1 - Am I supposed to get 3 months salary compensation based on the arbitrary termination of an unlimited term contract, although they have mentioned 2-month salary as goodwill payment and 1 month notice period salary?
2 - They mentioned "you are entitled to 1 month notice period commencing 10 Nov-19 date and this letter constitutes such notice. you are not required to work your notice period and your last working day in the office as agreed will be 10 Nov-19, we have mutually agreed to pay your notice in lieu on or shortly after your cessation date (10 Nov-19), subset to exit clearance."
In this case, can the employer still force me to work in the notice period?
Dear Questioner,
1. Based on the UAE Labour Law, you are entitled to receive up to 3 months compensation for the arbitrary dismissal.
From your statement, I understand that they have already proposed you 2 months compensation. It's not worth it for you to file a labour case.
From our experience, there are only a few cases where the court will approve 3 months compensation for the arbitrary dismissal.
2. No, but of course you should make yourself available to handover your work, tasks, clients.
Best regards,
Raluca Gatina
Dear questioner
We can definitely help you in this case
Kindly note that the company is already giving you 2 months salary apart from your regular salary, therefore, it is pointless to contest for arbitrary dismissal.
Further, it's better for you to make yourself available at work as per the requirement of the office.
Kindly contact us on the phone for a detailed discussion or write to us at our email for further assistance.
Thank you for reaching us with your concern!
Please contact us by phone and we will help you solve your problem.
