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Labour rights to be claimed in case of termination

Hello

My company has terminated me saying that the project got finished so my position is not required anymore. I want to know what kind of termination is this and what I am entitled to get.

Also, will I get 3 months salary guaranteed or is it up to 3 months salary and it could be 1-month salary only plus gratuity?

Elias Aoun

Maha Bin Hendi Law Firm

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29 Dec 2019, 07:32

Hello.

If you have been employed with the company for a year or more, you are entitled to EOSB. Compensation may be applicable too as per the UAE Labour Law.

However, you must check your employment contract as well in respect with the contract termination clause.

29 Dec 2019, 07:34

I was employed under unlimited contract and has completed more than 1 year.

How much can the end of service be as I have heard it can be up to 3 months and it could be 1-month salary only?

29 Dec 2019, 08:16

The end of service gratuity is calculated on the basis of the last wage which the employee was entitled to, namely the basic salary.

According to Article 123 UAE Labour Law: “Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him compensation. The court shall assess such compensation with due regard to the nature of the work, the amount of prejudice he has sustained and his period of service, and after investigating the circumstances of the work. The amount of the compensation shall in no case exceed the worker’s remuneration for three months calculated based on the last remuneration he was entitled to".

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Maryam Ali Saleh Hayyaz

Maryam Hayyaz & Wejdan Bushahab Advocates

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29 Dec 2019, 07:39

Dear questioner,

We need to review your termination letter. You can claim salary up to 3 months in lieu of arbitrary dismissal if the reason for termination is not related to performance.

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

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