Questions & Answers
What are my rights if my role is made redundant and I reject an unsuitable alternative position?
Hello,
My employer has notified me of the redundancy of my role; however, they have offered me an alternative position that is not suitable.
What are my rights if I reject the alternative position?
Am I still entitled to my 90 days' notice and payment, as well as end-of-service benefits?
Hello,
Under Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations in the UAE, an employer is legally bound to uphold the job title, duties, and conditions specified in the employment contract.
Article 12 of the law clearly states that an employer may not assign an employee tasks fundamentally different from those agreed upon, unless the employee consents to such a change or unless temporary reassignment is necessary due to exceptional circumstances, provided it does not exceed 90 days per year.
Furthermore, Article 13(1) reinforces that the employment contract governs the relationship between the employer and the employee, and any amendments to the contract, including changes in job duties, must be made with the employee’s explicit consent.
If the alternative position offered is substantially different in nature, responsibilities, or salary, and you reject it, your employer cannot legally impose it upon you.
In the case of redundancy, Article 43 of the Labour Law stipulates that if the employer proceeds with termination, they must adhere to the agreed-upon notice period, which can be up to 90 days.
You are entitled to receive your salary during the notice period, in addition to end-of-service benefits under Article 51, provided you have completed at least one year of continuous service.
If your employer refuses to comply with these legal provisions or insists on forcing a role that is significantly different from what was agreed upon, you may file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) to assert your rights.
If you need legal support in handling this matter effectively, you can contact me via phone or email at [----------].
Thank you for your inquiry!
If the alternative position is significantly different (e.g., lower salary, lesser responsibilities, different skill requirements), you have the right to reject it.
In response to your concerns regarding redundancy and the offer of an alternative position, your entitlements will depend on the nature of the alternative position compared to your current role. Specifically:
1. As per UAE Federal Decree-Law No. 33 of 2021:
- Article 42 permits termination due to economic reasons or business closure.
- Article 12 states that any change to your position or employment terms requires your written consent. You are not obliged to accept an alternative position that is unsuitable.
- Article 45(v) allows termination without notice if the employer assigns work that is fundamentally different from the agreed-upon role without your consent.
2. Your Entitlements:
- Notice Period: You will be entitled to a minimum of 30 days' legal notice period, unless your contract explicitly states a longer period.
- End-of-Service Benefits: You will be entitled to end-of-service gratuity if you have completed at least 1 year of service.
Please let us know if you need assistance reviewing your contract or clarifying any further details.
Best regards,
