Questions & Answers
Absent repeatedly due to salary delays. Can the company terminate them without EOSB?
Dear Sir/Madam,
There is an employee who has been absent repeatedly. However, the company is not paying salaries on time, with regular delays in salary payments.
Can the company terminate the employee without end-of-service or notice period compensation if the employee cites occasional salary delays as the reason for their absences?
Hello dear questioner,
The worker is deprived of the entire service reward in one of the following two cases:
a. If he is dismissed from service for one of the reasons stated in Article (120) of this law or leaving work to avoid being dismissed according to its provisions.
b. If he leaves work voluntarily and without warning in cases other than those stipulated in article (121) of this law for contracts of indefinite duration or before the completion of five years of continuous service for fixed-term contracts.
Dear Questioner,
In the UAE, the company will likely face difficulties terminating the employee without end-of-service benefits or notice period compensation solely based on absenteeism if the employee cites delayed salary payments as the reason.
The company can only terminate based on absenteeism if they have documented the employee's absences and issued warnings following proper procedures outlined in the UAE Labour Law.
If you need further clarification, you may ask us.
Greetings,
The company cannot terminate the employee's services without paying the end-of-service salary.
For further inquiries about your topic, you can reach our office or contact us on WhatsApp at [-----] or email [-----].
Dear Questioner,
In many jurisdictions, employment laws provide protections for employees, including regulations regarding termination of employment and payment of compensation.
The specific rights and obligations of employers and employees can vary depending on the laws and regulations in the country or jurisdiction where the employment relationship is governed.
In the scenario you described, where there is a pattern of salary delays and an employee is absent frequently, it's essential to consider several factors:
1. Review Employment Contract and Local Laws:
The terms of the employment contract and the applicable labor laws in your jurisdiction will dictate the rights and obligations of both the employer and the employee. Reviewing these documents can help determine the appropriate course of action.
2. Termination Procedures:
Before terminating an employee, employers typically need to follow certain procedures outlined in the employment contract or required by law. This may include providing notice of termination or payment in lieu of notice, as well as adhering to any requirements for severance or end-of-service compensation.
3. Consult with Legal Advisor:
Given the complexity of employment law issues, it's advisable for employers to seek guidance from a legal advisor or labor law specialist. They can provide advice on the legality of terminating the employee in the given circumstances and help ensure compliance with relevant laws and regulations.
4. Document Performance Issues:
If the employee's frequent absences are negatively impacting the company's operations, it's important to document these performance issues and any attempts to address them with the employee. This documentation can provide evidence to support the decision to terminate the employee if necessary.
5. Consider Alternative Solutions:
Before resorting to termination, employers may want to consider alternative solutions, such as addressing the underlying reasons for salary delays or working with the employee to improve attendance or performance. Open communication and addressing concerns proactively can help prevent conflicts and improve the work environment.
Ultimately, the decision to terminate an employee should be made in accordance with applicable laws and after careful consideration of the specific circumstances involved.
Seeking legal advice can help ensure that employers comply with their legal obligations and minimize the risk of legal disputes or claims arising from the termination.
Dear Questioner,
The worker may not be deprived of the end-of-service gratuity unless the worker does not complete his service period for one year or if he commits one of the violations stipulated exclusively in the law.
If you have any inquiries, please contact this phone number: [-----].
Dear Questioner,
Yes, the company can terminate the employee based on 21 working days of absence from work within a year. The company can delay salary up to two months maximum.
If the employee did not initiate a claim against the company, then the company can proceed with termination based on 21 days of absence.
The company not paying is not a justification for the absence.
Dear questioner,
It can be a justified reaction. The employee might argue that the financial hardship caused by the late payments makes it difficult to fulfill their work obligations.
However, this doesn't necessarily mean the employee is completely in the right.
The company can terminate the employee after putting absconding charges against them and holding the payments.
