Questions & Answers
Terminating an employee after being absent for 10 days during COVID-19 pandemic
How can I terminate my employee who has not come to work for 10 days? He is asking for a permission letter so that he can work freely anywhere but I don’t want to give him such things.
I just want to terminate him!
Dear questioner,
You can terminate the employee based on absence for 7 continuous days, but be very careful that terminating employees without following the law will cause you to pay 3 months' salary.
Also, you have to refuse employee's requests based on a legal justification without violating the local laws related to health or social distancing, otherwise, it will be also considered as a lawful termination.
Kindly contact us via phone or email for further assistance.
Taken Care & Answered by,
Mohamed Noureldin
Legal Consultant (Licensed in Dubai)
Hello,
In order to terminate him, it is essential to follow the UAE Labour Law Rules. However, due to COVID 19 pandemic, there is a new enactment under which termination is applicable only in certain circumstances.
Also, you have to see the tenure of his employment. Was the employee under probation within 6 months? Further, whether, the contract of employment was a limited or unlimited contract?
If, it is an unlimited contract then, as per UAE Law, the warning is essential to the employee.
As you have mentioned, the worker is not coming to work for 10 days, so it can be terminated as per Art 120 of Labour Law, however due to COVID 19 situation, this reason will not be a valid point for termination.
Arbitrary termination costs the employer since he has to provide the compensation. Unless the company itself is on the mode of closure. Hence, keeping in mind the termination rules and COVID 19 scenario, you have to take decision accordingly.
Please feel free to contact us via phone or e-mail.
