Questions & Answers
What can I do if my employer terminated me without a prior notice?
Without any prior notification or warning letter, the company suddenly says today don't come. We will terminate your employment.
From today 30 days will be your notice period that will be paid. Your MOHRE contract date is 5 days after your termination. So no gratuity will be entitled.
What do actual labor laws say?
1. Gratuity - they take MOHRE date. But the joining date is only to be calculated, am I correct?
2. Without written warning or notification, they cannot terminate me on the same day. The reason is due to no sales generated.
3. Because it is termination, I like to request to hold my visa until I find another job for 2 or 3 months. Is it possible?
What does the law say?
It is a mainland LLC company, an expat partnership company.
Dear questioner
There are several discrepancies in your matter from the side of your company.
As you mentioned, there should be a warning letter that should be issued prior to termination for terminating an employee on a performance basis.
Also please go through your notice period and find out the exact time period of the notice period. In conclusion, it is advisable to file a complaint in MOHRE which should mention all these events and request the gratuity.
Dear User,
1- If you have completed one year of service in your job, you shall have the right to receive end-of-service benefits.
2- The employer should notify you in writing and provide a 30 days notice period unless the reason for your termination was one of those stated in article (44) of the UAE labor law.
3- upon cancellation of your visa, you have a grace period of 30 to 180 days depending on the visa type.
Hi.
Gratuity is calculated based on the total length of service, including both the joining date and the termination date. You are liable to get a gratuity once you complete one year. It should be calculated from your joining date.
Termination Notice and Process: According to UAE labor laws, employers are generally required to provide employees with written notice or a warning letter before termination, except in cases of serious misconduct or gross negligence.
If the termination is due to a lack of sales generated, the employer should follow the proper disciplinary procedures and provide sufficient notice period as per the employment contract or labor law or pay for the notice period.
Visa Hold Request: Requesting to hold the visa until you find another job is possible, but it ultimately depends on the employer's willingness to cooperate.
Some companies may agree to extend the visa for a limited period to allow the employee to search for alternative employment.
However, there is no specific provision in the labor law mandating this, so it would be subject to negotiation with the employer.
According to UAE Labor Law, the date of signing the employment contract will be considered an official date for gratuity calculation.
They can not terminate within the same day of the official declaration. There are certain procedures which are according to the company policy like two or three warnings have to be sent.
And you can make a request to stay on the same visa until you find a job.
Normally, this request can be easily accepted because this termination has been initiated by the company and without any warning. So they can consider this request.
Dear Questioner,
Thank you for your query.
With regard to your termination, 30 days notice period is the minimum required by the law (Article 43 of Law 33 of 2021)
1. Gratuity: only entitled when working for the employer for at least 1 year. The start date of your first day of work will be the date on which your end-of-service benefits will be calculated (Article 51 of the labor law).
2. Your employer has given you notification of termination, and your notice period has commenced.
3. After the visa has been cancelled, residents of UAE get between 30-180 day grace period. It depends on your job position (please see this article).
If you would like to confirm how long the grace period is after your visa has been canceled, please contact the ICP or a typing center (or any immigration authority in the UAE).
The standard position is that residents have 30 days grace period after the expiry/cancellation of their visa.
If you require further assistance, please email me.
Thank you!
