Questions & Answers

Ask a lawyer
Dubai, UAE

حقوق الموظف عند إنهاء الخدمة في ظل جائحة فيروس كورونا

إنني أعمل بصفتي مدير تدريب لموظفي المبيعات لأكثر من 18 شهرًا حتى الآن في جامعة تقع في إحدى المناطق الحرة في إمارة دبي.

يهددني صاحب العمل باستمرار بأنه سيقوم بإنهاء خدمتي إذا لم يتم تسجيل أي طلاب في دورات قصيرة الأمد خلال تداعيات فيروس كورونا، على الرغم من أنني أؤدي مهام وظيفتي بالإضافة إلى مهام الآخرين على أساس يومي.

ولكنه لا يزال غير راضٍ عن النتائج ويهددني كل يوم، لا أعرف ماذا أفعل؟

إنني أحتاج إلى معرفة حقوقي في حال قرروا إنهاء خدمتي لأنهم أخبروني أنه يمكنهم فصلي دون الحصول على أي حقوق مالية بسبب الظروف الحالية.

يرجى تقديم المشورة.

Premium
Ibrahim Al Banna Advocates & Legal Consultants
Chat Hire
Meet
20 Apr 2020, 18:35

You are entitled to all payments according to the law if you will not be terminated for not reaching the target.

If there is no agreement regarding the target, also the employer can terminate you, but they should follow the process according to the new resolution, which was issued during COVID-19:

Article 2 of Resolution 279 states as follows.

Companies seeking to adjust their business structure in the wake of COVID-19 are to gradually adopt the following actions, in agreement with their employees:

1) Implementation of a remote working system.

2) Grant paid leave.

3) Grant unpaid leave.

4) Temporary salary reduction during the referenced period.

5) Permanent salary reduction.

Article 3 of Resolution 279 states that any Companies affected by COVID-19 and having to implement the precautionary measures must further register their ‘redundant workforce’ in the Virtual Labour Market to enable other companies to be able to utilize the affected employees on a rotation system dependent upon their needs.

The affected Companies will still need to remain committed to their employees in terms of accommodation and other entitlements, save for salary, until the employee obtains another job or leaves the UAE.

It would appear that the above system is to be implemented once any of the five precautionary methods are taken, however, it seems that the implication is that it is only if the employee is redundant.

Therefore, employees working remotely whom are still utilized and productive would not likely fall into the intended category. Further to this, only point 3-5 will require employee consent.

Aceptive Legal Consultants
Chat
Hire
Meet
21 Apr 2020, 04:37

Dear questioner,

As your employment is not target based, your employer can not terminate your employment.

Further, any termination which is not related to employee's performance can be treated as arbitrary dismissal wherein you can claim salary up to 3 months in lieu of arbitrary dismissal.

Please note that even as per the recent guideline (Article 2 of 279), any changes in employee's employment will have to be done in consultation with the employee. it can not be forced upon him/her.

If need be, kindly contact us via phone for a detailed discussion or write us an email for further assistance.

25 Jul 2020, 07:52

On 22nd of June, I've sent 5 days emergency leave request to my manager "GM" and HR, as doctors decided an immediate surgery for my wife.* My manager didn't approve the leave request and invited me for one to one meeting to discuss my situation.* As long as i have not received any notification or performance reasons, so we agreed to give me 2 months salary as "notice period" + my EOS.* HR called me to sign a termination letter to be able to issue my check for almost 3 months salary, and I did dated on 1st of July.

* After I have signed the termination letter, the financial manager informed me that the management didn't approve my Final settlement with 2 months notice period + EOS, and said as per law you have only 1 month notice.

Al Bahar & Associates Advocates and Legal Consultancy
Chat
Hire
Meet
21 Apr 2020, 08:00

Dear questioner,

Your labor rights are protected. in case of termination, you may file a complaint to claim all your rights as per your employment contract as well as compensation for arbitrary termination unless your termination was legally justified by the Employer due to reason of performance (if your labor contract illustrates such clause ).

Dr Amira Al Bastaki Advocates and Legal Consultants
Chat
Hire
Meet
22 Apr 2020, 07:18

In the event of your dismissal without a legitimate reason, you can file a complaint with the Free Zone Authority and get all your work dues from late wages, compensation for unfair dismissal, and all worker's rights.

And you can contact us via e-mail or phone.

25 Jul 2020, 07:51

On the 22nd of May, I've sent 5 days of emergency leave request to my manager "GM" and HR, as doctors decided an immediate surgery for my wife.

My manager didn't approve the leave request and invited me for one to one meeting to discuss my situation.

As long as I have not received any notification or performance reasons, so we agreed to give me 2 months salary as a "notice period" + my EOS.

HR called me to sign a termination letter to be able to issue my cheque for almost 3 months salary, and I did (letter dated on the 1st of July).

After I have signed the termination letter, the financial manager informed me that the management didn't approve my final settlement with 2 months notice period + EOS, and said as per the law, you have only a 1-month notice.

Fixed-fee services
2 2 available services •  View all
Get quotes from lawyers
Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer