How to make a lawful termination of employment

Dear Questioner,

Please note that you may terminate the employment with immediate effect under Article 120 (e) of the Federal Law No. 8 of 1980 regulating Labour Relations in the UAE (the "Employment Law"), which states:

"An employer may dismiss a worker without notice if the worker does not perform his basic duties under the contract of employment and persists in violating them despite the fact that he has been the subject of a written investigation for this reason and that he has been warned that he will be dismissed if such behaviour continues."

Regarding the warning letter and investigation, the UAE labour law has not mentioned exact procedures to be followed for terminating the employment under the above-mentioned article.

However, Article 102 of the UAE Labour Law, provides that an employer may impose certain disciplinary penalties on its employees, which include a warning, fine, or dismissal (with or without notice).

Article 110 of the UAE Labour Law imposes on the employer compliance with strict legal formalities, providing that the penalties listed under Article 102 may not be imposed unless:

- The employee has been notified in writing of the allegations against him;

- The employee has been given an opportunity to comment on the allegations;

- The employer has investigated any defence provided by the employee in respect of the allegations;

The process listed in (1) to (3) above is recorded in the employee’s personnel file, and the penalty noted at the bottom of the report.

Please note that there is no exact number of warning letters to be issued under the law. The law stipulates to issue a notice to inform him of his non-performance of basic duties and also give him the opportunity to file a defence.

Hope the above explanation gives you clarity to your situation

If you need any further assistance please feel free to contact me @0585013663 or please mail me.

Thank you

Regards,

Rajasree Ravivarma