Questions & Answers
Terminating a trouble making employee under article 120
A troublemaking employee has been absent for 70 days last 1 year. He is engaged in selling articles such as phones, watches, etc which is a breach of contract.
He is engaged in money lending business, while on an employment visa. Evidence was confiscated from that person, with witnesses.
As an employer, after having given 2 documented warnings, a final warning, followed by a written investigation, then termination under article 120, will the employee be entitled to any benefits still?
Dear Questioner,
The employer must register a criminal case and labour case against the employee. The labour proceedings will be on hold once a criminal case is registered.
Eventually, when the employer gets a judgement in a criminal case against the employee, the employee will not be entitled to claim any benefits.
Please contact us via phone or email for a detailed discussion and assistance.
Thanks!
– Gross misconduct as defined in Articles 88 and 120 of the UAE Labour Law.
The UAE Labour Law provides that an employer may terminate an employee without notice for specific acts that amount to gross misconduct as provided for under Articles 88 and 120:
- Assumes a false identity or nationality or submits forged certificates or documents;
- Engaged on probation and is dismissed during or at the end of probationary period;
- Commits a fault resulting in a substantial material loss to the employer, provided that the latter notifies the labour department of the incident within 48 hours of him becoming aware of its occurrence;
- Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted in a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
- Defaults on his basic duties under the employment contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated;
- Reveals any confidential information of the firm in which he works;
- Is convicted by a competent court of a crime against honour, honestly or public morals;
- Is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
- Assaults the employer, the manager in charge or any of his workmates during working hours;
- He is absent from work without a valid reason for more than 20 non-successive days in one single year, or for more than 7 successive days.
- If found to be working for another employer while on annual or sick leave [Article 88].
- Where an employee is validly found to be terminated under any of the aforementioned grounds, they will forfeit their entitlement to end of service gratuity.
