Burden of Proof Under the UAE Labour Law Offers Structured Protection for Employers and Employees

The UAE Labour Law does not operate on assumptions. Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations places significant emphasis on evidentiary responsibility, making the burden of proof a decisive factor in disputes involving misconduct, termination, contractual breaches and financial entitlements.

 

In labour conflicts, the question is often not merely what happened, but who is legally required to prove it.

 

General Rule: The Claimant Must Prove the Claim

 

As a general principle, the burden of proof rests with the claimant — the party asserting a right or alleging a violation. Whether the claim concerns misconduct, breach of contract or unpaid dues, the individual or entity bringing the complaint must produce sufficient evidence to establish liability.

 

Unsubstantiated allegations, unsupported by documentation, investigation records or a demonstrable causal link between fault and damage, are insufficient to ground liability. This rule applies across labour disputes unless the law specifically shifts the burden in defined circumstances.

 

Presumption of Innocence in Workplace Disputes

 

In disciplinary matters, the law operates on a presumption of innocence in favour of the employee. An employee accused of misconduct is deemed innocent until the employer proves otherwise.

 

This principle directly affects termination decisions and disciplinary sanctions. Employers cannot rely on assumptions, suspicions or informal conclusions. Any sanction — particularly termination — must be supported by substantiated evidence and proper procedure.

 

Where relevant documents are exclusively in the employer’s possession, and the employee cannot reasonably access them for their defence, authorities may require the employer to produce such records. A failure or refusal to disclose material documents may result in a presumption operating in favour of the employee.

 

Article 44: Higher Threshold for Summary Dismissal

 

A notable exception to the general rule arises under Article 44 of the UAE Labour Law, which governs summary dismissal without notice.

 

The provision permits termination without notice only on one of the ten exhaustively listed grounds. In such cases, the employer bears a heightened evidentiary burden. It must prove not only that the employee committed an act amounting to gross misconduct, but also that all mandatory procedural requirements were followed.

 

These include conducting a written investigation and issuing a reasoned dismissal decision. In certain circumstances — such as termination based on material loss caused by a serious mistake or intentional act — the employer must notify the Ministry of Human Resources and Emiratisation within seven working days of discovering the loss.

 

Failure to comply with these procedural obligations may invalidate reliance on the relevant ground for summary dismissal altogether.

 

Article 47: Unlawful Termination and Retaliation Claims

 

While Article 44 imposes a strict burden on employers, claims for unlawful termination under Article 47 shift the primary burden to the employee.

 

An employee alleging retaliatory or unlawful dismissal — including dismissal following the filing of a complaint — must establish that the termination was indeed retaliatory in nature. Crucially, the employee must also demonstrate that the underlying complaint was serious and substantiated, rather than speculative or vexatious.

 

Absent such proof, the claim may fail regardless of surrounding circumstances.

 

Contractual and Financial Claims

 

In contractual disputes, including claims framed as breach of contract or tortious conduct, the burden typically lies with the claimant, most often the employer.

 

To succeed, the claimant must establish three essential elements: fault, damage and a causal link between the two. Similarly, in claims for payment in lieu of notice, the party seeking compensation must prove that the opposing party breached the statutory notice requirements set out in Articles 43 to 45 of the law.

 

Without clear evidence of violation, financial liability cannot be imposed.

 

Standard of Evidence and Judicial Scrutiny

 

The UAE Labour Law, as applied by competent authorities and courts, prioritises certainty over probability. Liability cannot rest on speculation.

 

Written records — including employment contracts, warning letters, internal investigation reports and official correspondence — carry significant evidentiary weight. Although expert reports may assist in clarifying technical issues, courts retain discretion to accept or reject such findings, provided their conclusions are reasoned and supported by the case record.

 

Procedural Non-Compliance Can Be Fatal

 

Failure to discharge the applicable burden of proof can be decisive. An employer who neglects statutory reporting duties or procedural safeguards risks losing the legal foundation for disciplinary action. Likewise, even strong claims may be barred if filed outside the limitation period prescribed by the Labour Law, as expiry of the limitation period extinguishes the right to pursue the claim regardless of evidentiary strength.

 

Evidence as the Cornerstone of Labour Litigation

 

The UAE Labour Law adopts a structured and evidence-driven framework in allocating liability. While the general rule places the burden on the claimant, specific provisions — particularly Article 44 — impose a stricter standard on employers given the gravity of summary dismissal.

 

Across all categories of claims, documentation, procedural compliance and evidentiary certainty remain central. In practice, understanding how the burden of proof operates is not merely a procedural concern but a critical factor in assessing litigation risk and enforcing rights under the UAE Labour Law.

 

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