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Can my company terminate me for redudancy then post the same on a website for jobs?

My company terminated me as redundancy due to reducing the workforce in UAE and after 1.5 months, they posted the same job on the jobs website.

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Amiri Advocates & Legal Consultants
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13 Jun 2024, 10:12

Do you mean they terminated your employment without a cause?

According to the new law, the employee is not entitled to compensation for that.

According to the old law, they were entitled to compensation.

13 Jun 2024, 10:15

They terminated my contract with the normal notice below is the statement

Dear R.,

I am writing further to our meeting today.

As discussed at that meeting, Oracle is undertaking a restructuring exercise across its global operations.

Unfortunately, that exercise will have an impact on Oracle UAE and, in particular, on the Customer Success Services Technical Account Managers Team.

As a result, it is possible that Oracle Systems Limited may need to reduce the size of its workforce.

However, before reaching the stage of having to make dismissals, we are considering all alternatives to redundancy.

One such alternative is to explore whether there are employees within the affected areas of the business who would be prepared to leave Oracle by mutual consent with an enhanced exit package.

With the above in mind, I enclose a settlement agreement that sets out the terms of a mutually agreed exit should you wish to accept it.

Under the terms of the settlement agreement, you will receive all your contractual and legal entitlements, including arrears of pay, pay in lieu of accrued but untaken holiday, and your end-of-service gratuity.

However, in addition to these sums, you would also receive an enhanced ex-gratia severance payment equivalent to 4 months’ pay and will be entitled to an additional 15 days’ pay to account for consultation during your notice period.

Should you wish to accept this offer, please sign and return the enclosed settlement agreement by 5 pm on 19 April 2024.

If you have not returned the signed agreement by then the offer will lapse.

I must stress that you are under no obligation to sign the enclosed settlement agreement.

However, should you decide not to do so and your employment is later terminated as part of the proposed restructure, you will not be entitled to the enhanced severance pay currently being offered under the settlement agreement nor the payment of 15 days’ pay to account for consultation.

13 Jun 2024, 10:18

It doesn't make a difference. You were entitled to compensation according to the old law.

The current labor law does not compensate the employee if they are terminated without a valid reason.

13 Jun 2024, 10:19

This means that the companies can terminate anyone with a cause that doesn't exist.

13 Jun 2024, 10:22

Yes, they can.

Even under the old law, they could do that, but the employee had the right to request compensation of three months' salary.

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KHE Legal Consultancy
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13 Jun 2024, 10:36

Hello dear questioner.

We need to know some information, including how long you worked for the company and do you have evidence that they terminated your employment due to a reduction in workers so that we can direct you.

For further clarification, please share your WhatsApp number.

13 Jun 2024, 10:47

Yes, I have an email that the termination is due to workforce reductions and I have been with them for the past 7 years.

13 Jun 2024, 11:10

How long ago did you leave work and did you receive your benefits or not?

13 Jun 2024, 11:23

The last day was 30 May I received the end of service.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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13 Jun 2024, 11:47

Legal Perspective: In the UAE, termination of an employee due to redundancy is legally permissible under certain conditions.

Employers must follow the labor laws and regulations set forth by the UAE Ministry of Human Resources and Emiratisation.

It is essential for companies to provide valid justifications for terminating an employee on the grounds of redundancy.

Potential Unlawful Termination: If an employer terminates an employee as redundant and then reposts the same job position within a short period, it may raise concerns about the legitimacy of the redundancy claim.

This situation could potentially indicate that the termination was not genuine and might be considered an unfair dismissal or even wrongful termination under UAE labor laws.

Remedies Available: Employees who believe they have been unfairly dismissed or wrongfully terminated in the UAE can seek legal recourse through various channels.

They can file a complaint with the Ministry of Human Resources and Emiratisation or pursue a case in the labor court to challenge their termination and seek compensation for any damages incurred.

Steps to Take: If you suspect that your termination was unjustified and that your former employer’s actions were unlawful, it is advisable to consult with a legal professional specializing in employment law in the UAE.

They can assess your case, advise you on your rights, and help you determine the best course of action to address the situation effectively.

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