UAE Specifies Conditions for Employer-Initiated Dismissal: What You Need to Know

The UAE Government has confirmed in an update that an employer has the right to terminate and cancel an employee's contract under specific, clearly defined circumstances.

The latest update specifies the following instances where dismissal is permitted:

* If the employee assumes a false identity or nationality, or submits forged certificates or documents.

* If the employee commits an error that causes significant financial loss to the employer, or intentionally damages the employer’s property and admits to it, provided that the Ministry of Human Resources and Emiratisation is notified within seven days of the employer becoming aware of the incident.

* If the employee violates the facility’s internal regulations concerning workplace safety, provided these instructions are written, posted in a visible place, and the employee has been informed of them.

* If the employee fails to perform their primary duties as outlined in the employment contract, despite a written investigation and two warnings of dismissal.

* If the employee discloses confidential information related to the establishment’s industrial or intellectual property, resulting in losses to the employer, a missed opportunity, or personal gain for the employee.

* If the employee is convicted by a competent court of a crime involving dishonesty, honour, or public morals.

* If the employee is found intoxicated or under the influence of drugs during working hours, or engages in conduct that violates public morals in the workplace.

* If the employee assaults the employer, a responsible manager, a superior, or a colleague, whether verbally or physically, or commits any act punishable by law in the country.

* If the employee is absent without a legitimate reason, or without an excuse accepted by the employer, for more than 20 non-consecutive days in a year, or more than seven consecutive days.

* If the employee exploits their job position unlawfully for personal gain.

* If the employee joins another establishment without adhering to the relevant regulations and procedures.

An employer may terminate an employee’s contract without notice under the conditions specified in Article 44 of the Federal Labour Law in the UAE.

Either party to the employment contract may terminate it for a legitimate reason, provided that written notice is given, the contract continues to be implemented during the notice period, and both parties comply with the consequences of termination.

For an employee to be dismissed without notice, the dismissal must occur following an investigation communicated to the employee in writing.

The dismissal decision must be written, justified, and delivered to the employee by the employer or their representative.

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