Questions & Answers
Arbitrary dismissal and compensation under the UAE Labor Law
Dear Madam,
My name is R. S. working as a facilities maintenance supervisor in Shariah, UAE.
My employer terminated my unlimited contract with one-month notice period (Arbitrary Dismissal) and provided me with all benefits with notice period payment of one-month full salary.
I requested the company to pay compensation salary for an additional 3 months with my yearly bonus of 1.5 months salary.
The company did not agree and I filed a formal complaint at MOL online, but the mater is not solved yet and MOL transferred my case to the court.
Kindly advise what is the actual benefits I have to get as per the UAE employment labour law.
Still, I am requesting at least to pay compensation of 2 months' salary and they are not ready to pay.
Is it advisable to solve my issue at the court? If not, please advise what is my right and further step.
Dear Questioner,
According to Article 122 of the UAE Labour Law, the termination of the employment of the worker by the employer shall be deemed arbitrary should the cause of termination not be related to the work, in particular should the termination of the employment of the worker be made by reason of the filing by the latter of a serious complaint before the pertinent authorities or a valid claim against the employer.
Where an employee is arbitrarily dismissed, the competent court may order the employer to pay him compensation.
Please note that the court shall assess such compensation with due regards to the nature of work, the amount of the prejudice he has sustained and his period of service, and after investigating the circumstances of the work.
The compensation amount shall not exceed more than three months calculated on the basis of the last remuneration he was entitled to.
Hope the above explanation gives you clarity as to your claims.
Thank you.
Regards,
Rajasree Ravivarma
