Procedure to terminate an Employee as per UAE Labor Laws
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According to Employment Law's Article 16 ( 8 ) this is the case.
It is assumed that you have provided written warning notices to your employee in response to your questions. In light of this, the provisions of Federal Decree Law No. The Employment Law, also known as Public Law No. 33 of 2021, and Cabinet Resolution No. Implementing Federal Decree Law No. 1 of 2022. They are applicable under Cabinet Resolution No. 1 of 2022 (the "Cabinet Resolution No. 33 of 2021 Regarding the Regulation of Employment Relations").
A worker's duty in the UAE is to put in diligent effort. This is in accordance with Article 16( of the Employment Law, which states that the employee "shall work diligently and continuously to develop his professional and job skills and improve his performance to the employer.". Therefore, an employer may impose disciplinary measures if an employee is not carrying out his or her duties in accordance with the employment contract.
This is in accordance with Employment Law Article 39 (1) (a), (b), and (g), which states: "The employer, or his representative, may impose any of the following sanctions on any employee who violates the provisions of this Decree-Law and its Executive Regulations and implementing resolutions:
a. Written attention-getters.
b. Notice in writing (warning).
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c. payment of severance pay along with dismissal.
However, if an employer terminates employment without adhering to the aforementioned legal requirements, the employee may file a complaint against the employer with the Ministry of Human Resources and Emiratization (the "MOHRE"), and the termination may be viewed as arbitrary under Article 47 of the Employment Law.
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