Arbitrary Dismissal in the UAE: 7 Legal Rights a Worker Can Claim
Arbitrary dismissal in the UAE is one of the most common labor disputes, occurring when an employment contract is terminated in violation of the law or without a legitimate reason justifying the termination of the labor relationship. In these cases, the worker may be entitled to claim a number of financial and legal rights, such as compensation for arbitrary dismissal, end-of-service gratuity, notice period allowance, and other entitlements associated with termination.
The worker’s rights after dismissal vary depending on the circumstances of each case, the nature of the employment contract, and the existing obligations between the worker and the employer. Therefore, it is important to understand the available rights and procedures before taking any legal step.
If you wish to know your rights after experiencing arbitrary dismissal in the UAE or evaluate the possibility of filing an arbitrary dismissal complaint, a labor case lawyer can help you understand the available legal options and assess potential claims based on the circumstances of your case.
When is Termination of Service Considered Arbitrary Dismissal in the UAE?
Not every termination of service in the UAE is considered an arbitrary dismissal, as it depends on the reason for termination and the extent of its compliance with the provisions of the UAE Labor Law and the procedures followed by the employer.
Cases Where Dismissal is Considered Unlawful
A dispute over an arbitrary dismissal lawsuit may arise when a worker claims that their service was terminated without legal justification or in violation of their prescribed rights.
Among the most prominent cases where allegations of unlawful dismissal frequently occur are:
Terminating the employment contract without a clear or legitimate reason.
Non-compliance with the legal procedures associated with termination of service.
Taking the dismissal decision in a manner contrary to the contract or applicable regulations.
Depriving the worker of their financial rights associated with the termination of the labor relationship.
The Difference Between Arbitrary Dismissal and Lawful Termination of Service
The fundamental difference lies in the fact that the termination of an employment contract may occur in cases permitted by law or the contract, whereas a dispute over arbitrary dismissal in the UAE arises when the worker claims that the termination was unjustified or resulted in depriving them of their legal rights.
For this reason, the circumstances of each case are considered individually to determine whether the worker deserves compensation for arbitrary dismissal or any other labor claims.
1. Compensation for Arbitrary Dismissal
Compensation for arbitrary dismissal is one of the most prominent rights that a worker may claim upon proving the unlawfulness of the termination of the employment relationship. The entitlement to and assessment of compensation vary based on the circumstances of each case and the facts associated with it.
Conditions for Entitlement to Compensation
A claim for compensation may arise when the worker proves that the arbitrary dismissal in the UAE was carried out in violation of the law or without a legitimate justification.
Several elements are usually considered, including:
The reason for terminating the employment contract.
The extent of the employer’s compliance with legal procedures.
The nature of the damage resulting from the dismissal.
The documents and evidence submitted by both parties.
How the Compensation Value is Assessed
Compensation is not determined uniformly in all cases, as its assessment depends on the circumstances of the dispute and the facts presented before the competent authority.
The following may be taken into account:
The worker’s length of service.
The nature of the work.
The damages resulting from the dismissal.
Financial rights associated with termination of service.
2. Notice Period Allowance Upon Termination of Employment Contract
In certain cases of terminating an employment contract, the worker may have the right to claim a notice period allowance if the prescribed notice period according to the contractual relationship and legal regulations was not observed.
Cases Where the Worker is Entitled to Notice Period Allowance
A claim for notice period allowance may arise when the labor relationship is terminated without observing the due notice period.
The most prominent cases where this right is raised include:
Terminating the contract without prior notice when notice is required.
Non-compliance with the agreed notice period.
Terminating service in a manner that warrants compensation for the notice period.
How Notice Period Allowance is Calculated
The calculation of the notice period allowance is usually linked to the prescribed notice duration and the worker’s wage, and it is determined according to the details of the employment contract and the circumstances associated with the termination of service.
One Point helps in evaluating claims related to arbitrary dismissal in the UAE and clarifying the financial rights that the worker may be entitled to claim according to the circumstances of each case.
3. End-of-Service Gratuity
End-of-service gratuity is one of the most important financial rights that a worker may be entitled to upon the termination of service in the UAE, subject to conditions and regulations linked to the length of service and the nature of the labor relationship.
Conditions for Entitlement to the Gratuity
Entitlement to end-of-service benefits depends on several factors, most notably:
The existence of an employment relationship subject to the provisions of the Labor Law.
Completing the necessary duration to qualify for the gratuity according to the applied regulations.
The termination of the labor relationship in a manner that permits claiming the gratuity.
The absence of legal reasons affecting the right to claim it.
Methodology for Calculating End-of-Service Gratuity
The end-of-service gratuity is calculated according to the applicable legal regulations, taking into account:
The worker’s length of service.
The wage approved for the calculation.
The nature of the employment contract.
Any other elements affecting the value of the entitlements.
4. Delayed Salaries and Financial Entitlements
Arbitrary dismissal in the UAE does not lead to the forfeiture of the financial rights due to the worker; rather, they retain the right to claim wages and entitlements that were not paid before the end of the labor relationship.
Unpaid Wages
The worker can claim due wages that have not been paid, including:
Delayed salaries.
Due amounts for previous working periods.
Any financial rights linked to the basic or agreed wage.
Allowances and Benefits Due to the Worker
Financial claims may also include:
Allowances due under the employment contract.
Agreed financial benefits.
Entitlements associated with termination of service.
Any other amounts arising from the labor relationship.
One Point helps in reviewing the worker’s file and determining the employee’s rights after dismissal and the amounts they may be entitled to claim within the labor complaint or lawsuit.
5. Allowance for Unused Annual Leaves
The worker retains their right to claim cash compensation for the balance of annual leaves that they did not utilize before the end of the labor relationship. This right is one of the financial claims that may be added to the rest of the entitlements upon termination of service in the UAE.
Calculating the Leave Balance
The due balance is determined based on:
The worker’s length of service.
The leaves that were actually utilized.
The remaining unconsumed leaves.
Data and records associated with leaves.
The Worker’s Right to Compensation for Remaining Leaves
If the worker has an unused leave balance upon the termination of the employment relationship, they may have the right to claim the cash compensation due for this balance according to the applicable legal regulations.
6. The Right to File a Labor Complaint
A worker who believes that their rights have been harmed as a result of arbitrary dismissal in the UAE or any dispute linked to the employment relationship has the right to file an arbitrary dismissal complaint through the channels designated for looking into labor disputes.
Steps for Submitting a Labor Complaint
A labor complaint usually begins by:
Providing the data of the worker and the employer.
Clarifying the facts of the dispute.
Attaching supporting documents for the claim.
Specifying the rights or amounts claimed.
The Role of the Ministry of Human Resources and Emiratisation (MOHRE)
The Ministry of Human Resources and Emiratisation is responsible for receiving labor complaints, taking procedures associated with studying the dispute, and working to address the conflict according to approved mechanisms before it moves to other stages when necessary.
One Point assists the worker in understanding the steps for filing an arbitrary dismissal complaint and preparing the necessary documents to claim their labor rights.
7. The Right to Resort to the Labor Court
If the labor dispute is not settled through the available amicable methods, the worker may have the right to resort to the Labor Court to claim their rights associated with arbitrary dismissal in the UAE or other entitlements arising from the employment relationship.
When is a Labor Lawsuit Filed?
Resorting to an arbitrary dismissal lawsuit or other labor lawsuits occurs when the dispute continues and a solution satisfying the parties is not reached, or when there is a need to obtain a judicial judgment ruling on the labor claims.
Claims That Can Be Included in the Lawsuit
A labor lawsuit may include a set of claims, such as:
Compensation for arbitrary dismissal.
Notice period allowance.
End-of-service gratuity.
Delayed wages.
Annual leave allowance.
Any other financial rights arising from the employment relationship.
How Does a Worker Prove Experiencing Arbitrary Dismissal?
Proving arbitrary dismissal in the UAE is one of the most important stages of claiming labor rights, as the competent authority relies on the evidence and documents submitted to evaluate the facts associated with the termination of service.
Legally Acceptable Evidence and Documents
Among the most prominent documents that a worker may rely on are:
The employment contract.
Service termination decisions or notices.
Correspondences between the worker and the employer.
Statements of salaries and entitlements.
Any documents supporting labor claims.
The Importance of the Employment Contract and Official Correspondences
The employment contract and official correspondences represent some of the most important evidence used in labor cases in the UAE, as they help clarify the nature of the labor relationship, mutual obligations between both parties, and the facts associated with termination of service.
One Point helps in reviewing documents and assessing their adequacy to prove claims associated with an arbitrary dismissal lawsuit before taking appropriate legal actions.
How Long is the Limitation Period for Claiming Worker’s Rights After Dismissal?
Moving at the right time is an important factor in preserving a worker’s rights in the UAE, as a delay in claiming may affect the ability to prove certain rights or follow up on procedures associated with the labor dispute.
Legal Periods Associated with Labor Claims
Claims arising from an employment relationship are subject to specific legal dates and procedures; therefore, a worker is advised not to delay taking the necessary steps when there is a dispute regarding arbitrary dismissal in the UAE or termination of service in the UAE.
Claims may include:
Compensation for arbitrary dismissal.
End-of-service gratuity.
Notice period allowance.
Delayed wages.
Annual leave allowance.
Risks of Delaying Legal Action
Delaying the submission of a labor complaint or following up on a claim may lead to:
Difficulty in obtaining certain documents or evidence.
Complicating the procedures for proving rights.
Delaying the recovery of financial entitlements.
Prolonging the duration of the labor dispute.
Most Prominent Mistakes Affecting Worker’s Rights After Dismissal
A worker may lose a portion of their rights or weaken their legal position due to certain actions taken immediately after the end of the labor relationship.
Signing Documents Without Reviewing Them
One of the most common mistakes is signing documents or declarations without understanding their legal implications, especially if they relate to financial entitlements or the termination of the labor relationship.
Therefore, it is advised to review any document before signing it and ensure understanding of its content and legal effects.
Delaying the Submission of a Complaint or Lawsuit
Delaying the filing of an arbitrary dismissal complaint or raising a lawsuit may lead to difficulty in following up on certain claims or gathering the necessary evidence to prove them.
Hence, it is preferred to take appropriate action as soon as the dispute arises or when it is believed that the employee was dismissed from work unlawfully.
How Does a Labor Case Lawyer Help You Recover Your Rights?
Arbitrary dismissal cases in the UAE may require a careful study of the rights and financial claims associated with the labor relationship; therefore, many workers resort to a labor case lawyer in Dubai to understand their legal position and take appropriate measures.
Evaluating Due Labor Claims
The lawyer helps in reviewing the worker’s file and identifying the claims they may have the right to demand, such as:
Compensation for arbitrary dismissal.
End-of-service gratuity.
Notice period allowance.
Delayed wages.
Annual leave allowance.
Any other financial rights associated with termination of service.
One Point provides legal support that helps the worker understand the employee’s rights after dismissal and evaluate potential claims according to the circumstances of each case.
Negotiation and Representing the Worker Before Competent Authorities
The lawyer’s mission may include:
Following up on labor complaint procedures.
Negotiating with the employer to resolve the dispute.
Representing the worker before competent authorities.
Following up on the lawsuit before the Labor Court when needed.
Claiming labor rights and entitlements.
Arbitrary dismissal in the UAE may entail a set of financial rights and claims that include compensation for arbitrary dismissal, end-of-service gratuity, notice period allowance, delayed wages, and other entitlements associated with ending the labor relationship. Therefore, it is important to understand the available rights and take appropriate actions at the right time to preserve them.
If you are facing a labor dispute or wish to evaluate your rights after an employee’s dismissal from work, you can contact One Point via the WhatsApp button at the bottom of the page to find out the appropriate legal options for your situation.
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FAQs Regarding Arbitrary Dismissal in the UAE
What is meant by arbitrary dismissal in the UAE?
It refers to the termination of the employment relationship in a manner that the worker claims is contrary to the law or unjustified, which entails claiming labor rights or compensation.
What compensation is due to a worker upon arbitrary dismissal?
Compensation depends on the circumstances of each case, the nature of the dispute, and the facts presented before the competent authority.
How do I prove that my dismissal was arbitrary?
Reliance can be placed on the employment contract, service termination notices, correspondences, and documents that support labor claims.
Can a complaint be filed against the employer?
Yes, the worker can file an arbitrary dismissal complaint or any other labor complaint through the channels designated for looking into labor disputes.
What is the time limit for filing an arbitrary dismissal case?
Labor claims are subject to applicable legal durations and procedures; therefore, it is advised not to delay taking the necessary measures.
Am I entitled to end-of-service gratuity after dismissal?
This depends on the nature of the labor relationship and the availability of the conditions for entitlement to the end-of-service gratuity according to the applied legal provisions.
When do I need a labor lawyer?
It is preferred to seek legal assistance when there is a dispute regarding arbitrary dismissal in the UAE or when there is a need to claim financial rights or seek legal representation before competent authorities.