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Unjust termination based on redundancy: Can I win more severance pay?

Dear Sir/Madam,

I was made redundant from my job after working there for a year. The reason given was that my role was being moved to another location due to restructuring.

The company is offering to pay my salary for the notice period (2 months) and 1 month's severance pay. I am seeking to increase the severance pay to 3 months.

My reasons for this are that my dismissal was arbitrary, and the company has hired new people in the same capacity since my departure.

If this escalates to court and the company does not increase the severance pay, do I have a strong case?

I have asked the company to consider the extent of harm this dismissal has caused me on humanitarian grounds.

I have four dependents and I moved abroad for the job on the premise that it was a permanent position.

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Dar Al Haqooq Legal Consultancy
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6 Dec 2023, 12:35

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

In the UAE, if you believe your dismissal was arbitrary and wish to increase your severance pay, you should first negotiate with your employer.

If no agreement is reached, you can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE).

Whether you win the case depends on factors like evidence and circumstances.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will be happy to help you.

Thanks & Regards,

ABDUL WAHIED

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KHE Legal Consultancy
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6 Dec 2023, 13:19

Dear Questioner,

According to the recent amendments in UAE Labor law, there is not much more scope for you to claim this three-month severance pay.

To consider the termination as an illegal one, there are certain requirements under Article 47 of UAE labor law.

The redundancy and hiring of people with the same capacity is not a reason to treat the termination under the category.

If you need further clarification, we will arrange a legal consultation session for a charge.

Share your WhatsApp number if you want to go with the services.

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Mohamed Bakheet Advocates & Legal Consultants
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6 Dec 2023, 15:19

Dear Questioner,

File a complaint with the Ministry of Human Resources and Emiratisation.

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Amiri Advocates & Legal Consultants
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6 Dec 2023, 15:23

Dear Questioner,

You do not have the right to claim three months’ salary according to the new law. In the old law, this was possible.

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