Dubai is a desirable location for individuals who want a high quality of life, tax-free income, and economic stability. Thus, it is difficult for them to resist such lucrative job opportunities in this country. However, it’s essential to consider every aspect, and you should always be prepared for unexpected ones. Some unforeseen scenarios may arise, like losing your job. Are you ready to handle this loss?
It may be a devastating experience for anyone, especially if it happens unexpectedly or unfairly. Expatriate professionals need to understand their rights as employees. If you believe you’ve experienced an unfair termination, you have legal options to fight back. This blog will explain how to proceed if you were wrongfully expelled and examine Dubai’s employment rights for locals and expats.
What is Wrongful Dismissal?
Wrongful dismissal occurs when an employer terminates an employee’s contract in violation of the UAE Labor Law or the terms of the employment contract. It could include termination without notice, dismissal for discriminatory reasons, or termination without a valid cause. In Dubai, the UAE Labor Law (Federal Decree-Law No. 33 of 2021) governs employment relationships and protects employees against unfair treatment. Common examples include:
- Termination without a valid reason or notice.
- Dismissal based on discrimination, harassment, or retaliation.
- Ending employment due to illness or maternity leave.
- Breach of contract terms, such as not honoring the notice period.
It’s crucial to understand that employers are required to provide a legitimate reason for dismissal. If they fail to do so, the termination can be deemed arbitrary or wrongful.
Grounds for Legitimate Termination
Employers in Dubai can legally terminate an employment contract under specific circumstances, including:
- Performance-Related Issues: Consistent underperformance or failure to meet job requirements.
- Misconduct: Involvement in activities that breach company policies or ethical standards.
- Redundancy: Organizational restructuring leading to the elimination of certain positions.
Employers need to provide valid reasons and adhere to due process when terminating an employee to avoid claims of wrongful dismissal.
Identifying Wrongful or Arbitrary Dismissal
A dismissal may be deemed arbitrary if:
- Retaliation: The termination is a direct response to the employee filing a legitimate complaint or lawsuit against the employer.
- Discrimination: The dismissal is based on race, gender, religion, or other protected characteristics.
- Lack of Just Cause: Termination without a valid reason or failure to follow proper procedures.
According to the UAE Labour Law, arbitrary dismissal is recognized when an employer terminates an employee without a justified cause, especially if the reason pertains to the employee exercising their legal rights.
Steps to Fight Wrongful Dismissal Legally in Dubai
Here’s how to act if you think your termination was unfair:
1. Review Your Employment Contract
The first step is to review your employment contract carefully. Look for clauses related to termination, notice periods, and end-of-service benefits. Ensure that your employer has followed the terms outlined in the contract.
2. Understand Your Rights Under UAE Labor Law
The UAE Labor Law provides specific protections for employees, including:
- The right to a notice period (usually 30 days, unless otherwise stated in the contract).
- The right to end-of-service gratuity if you’ve completed at least one year of service.
- Protection against dismissal for discriminatory reasons, such as gender, race, or religion.
If your employer has violated any of these rights, you may have a valid claim for wrongful dismissal.
3. File a Complaint with the Ministry of Human Resources and Emiratisation (MOHRE)
In Dubai, labor disputes are typically handled by the MOHRE. You can file a complaint online or visit their office to submit your case. The MOHRE will attempt to mediate between you and your employer to reach an amicable solution.
4. Escalate to the Dubai Courts
If mediation fails, you can escalate your case to the Dubai Courts. It’s highly recommended that you seek legal representation from one of the top law firms in Dubai to ensure your case is presented effectively.
5. Gather Evidence
To strengthen your case, gather all relevant evidence, including:
- Your employment contract.
- Pay slips and bank statements.
- Emails or correspondence related to your dismissal.
- Witness statements from colleagues, if applicable.
6. Claim Compensation
If an employee successfully demonstrates a wrongful dismissal, they may be eligible for compensation.
- Payment for the notice period.
- End-of-service benefits, including gratuity.
- Compensation for emotional distress or reputational damage.
- Reimbursement for unpaid salaries or unused leave days.
The compensation amount depends on the severity of the wrongful dismissal and the terms outlined in the employment contract. Consulting with one of the top legal firms in Dubai can help you accurately calculate the compensation owed.
Differences Between Local and Expat Employment Rights
While the UAE Labor Law applies to both locals and expatriates, there are some differences in employment rights and benefits:
1. Emiratisation Policies
The UAE government has implemented Emiratisation policies to increase the employment of UAE nationals in the private sector. It means that specific roles or industries may prioritize hiring locals, which can indirectly affect expatriates.
2. Sponsorship System
Expatriates in Dubai are typically employed under a sponsorship system, where their visa is tied to their employment. An expatriate who experiences a wrongful dismissal may encounter additional challenges, including the loss of their residency visa. However, recent reforms have introduced more flexibility, such as the ability to transfer visas without employer consent in some cases.
3. Benefits and Allowances
Some companies offer additional benefits to UAE nationals, such as housing allowances or education allowances for their children. These benefits may not always be extended to expatriates.
Despite these differences, the core protections under the UAE Labor Law, such as the right to a notice period and end-of-service gratuity, apply to all employees, regardless of nationality.
Why You Need Legal Assistance
Navigating a wrongful dismissal case in Dubai can be complex, especially if you’re unfamiliar with the legal system. Hiring a lawyer from one of the top law firms in Dubai can make a significant difference in the outcome of your case. Experienced employment lawyers can:
- Help you understand your rights and options.
- Represent you in negotiations with your employer.
- Present a strong case in court if necessary.
How Diana Hamade Law Firm Can Help!
Wrongful dismissal is a serious issue, but you don’t have to face it alone. Understanding your rights under UAE Labour Law and seeking the proper legal assistance can help you fight back effectively. Whether you are a local or an expat, knowing the legal framework and your entitlements is the first step toward justice. If you believe you’ve been wrongfully dismissed, don’t hesitate to contact Diana Hamade, one of the top legal firms in Dubai. Our experienced team is here to support you every step of the way.