Questions & Answers
Questions & Answers
6 available 6 • View allDismissal of an employee for unsatisfactory performance
0
Q: The company I have worked at for over 3 years terminated my contract alleging that the company forecast is not famous, as the clients are not awarding us new jobs.
The reason is not related to my work nor my performance. Never had any negative feedback nor complaints whatsoever from the company.
In your opinion, can my dismissal be considered arbitrary?

Sep 19, 2017
995
Termination of employment contract for unsatisfactory performance

0
Q: Dear Sir/Madam
I am a Relationship Manager In a bank in Dubai.
My employer has terminated my services (discontinuation of services) with reason as unsatisfactory performance during 2017.
They have given me 30 days' notice period and have mentioned in the letter that I am exempted from attending office during the notice period.
I seek your valuable advice, can I claim 3 months' full salary for my such termination where it was done all of sudden without alerting me with warning letters.
Also if you can advise me how to file a case against the employer in order to claim 3 months' salary.
Thanks and regards


Jun 25, 2019
6804
Redundancy and constructive dismissal
3
Q: Hello there,
I have been informed by my employer for 34 months, that my position is no longer required in our Dubai free zone office.
I was employed in 2014 to take up a Dubai-based position and I was informed that I would be taking over a Middle East Director in two years.
They have asked that I relocate to the UK in 3 months to take up the same position, they have given me 1 week to accept this offer.
Given that there is no mobility clause in my employment contract and offer letter, would I be within my right to refuse this offer on the grounds that it is unreasonable as we now know that it would take us (a family of 4 with 2 children) longer than 3 months to plan and move the family back to the UK?
What rights do I have if my employer were to make my position redundant, would I have grounds to sue for constructive dismissal as my performance has never been in question?

Jul 3, 2017
2388
Termination for non-performance without prior warnings


0
Q: Hi!
I would like to ask for advice.
The company has terminated me last June 30, 2019. My work is a visual merchandiser and we have 16 stores across the UAE which I need to visit all in one month.
But last April and May, I have not visited some of the shops due to other important and urgent work.
The company suddenly send me a termination letter due to non-performance which I am really shocked because I didn't understand that they put non-performance if I am doing other important and urgent projects.
There is no warning letter given to me. Since I'm getting pressure from the HR, I had signed the termination letter and it was effective June 30, 2019.
But after 3 or 4 days, the company asked me to come to work for 1 month notice period July 1-31. Then they ask me to work again in August, and then until September 15. Then they terminated me.
I need your advice if there's a chance that I could complain about this to the labour and the chances of getting the correct compensation.
Thanks



Oct 17, 2019
524
Terminating an employee's limited contract due to poor performance



1
Q: Hi,
I am working on a 2-year limited contract in an LLC company, Abu Dhabi as a vehicle sales executive.
Now I have completed nineteen months in this company and my employer has given me a warning letter based on performance.
My question is: can the employer terminate me before the contract expiry? and if he terminates me based on performance, do I get three months' salary and get a labor ban in this case?
I hold a bachelor's degree.




Mar 6, 2020
2135
Is two months' notice before contract expiry enough to terminate an employee?
2
Q: Dear Lawyer,
I am a part of the HR Team of a company on the mainland. In our company, in order to terminate a contract, a notice of 3 months has to be served.
We need to terminate the contract of an employee and only two months remain for the completion of the contract. We have mentioned the below statement in our contract:
"In case the company is the party who desires the termination, the company shall notify the employee in writing, three months prior to the termination date or for the remaining period of the contract, whichever is shorter. However, if the company fails to serve the above-mentioned notice, the college shall compensate the employee with three months aggregate salary or the remaining period of the contract, whichever is shorter."
So please confirm if two months' notice is enough and this employee has no standing to challenge us in the court.

May 9, 2021
392
Legal blog
1 available 1 • View allAn Overview of the New UAE Labor Law and Recent Amendments of 2024 233
The UAE has adopted a major reform in its legislative system that brought about 40 new laws and amendments to the company law, criminal law, personal status, among others. The amendments aim to develop the legislative structure in various sectors, the labor law being one of these, was the most recent. We try in this article to shed light on the changes introduced with the new labor law and their significance on both, the employer and employee.
Sep 10, 2024
90407
Laws & Regulations
3 available 3 • View allFederal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.
Apr 20, 1980
103606
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations 8
This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.
Sep 27, 2015
12403
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).
Sep 20, 2021
26392

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