What Can an Employee Do in the Event of Unfair Dismissal and What Are the Essential Requirements for Unfair Dismissal?

What's Going On Here?

Unfair dismissal can leave employees in a vulnerable position. The UAE’s Federal Decree-Law No. 33 of 2021 provides clear protections to employees who have been wrongfully terminated. Whether the dismissal is related to filing a complaint or other unjust grounds, employees have legal recourse to claim their rights and seek compensation.

Essential Requirements for Unfair Dismissal

Under UAE law, unfair dismissal can occur if the termination is unjustified, particularly after an employee has filed a complaint or lawsuit against their employer. In such cases, the employee may be entitled to compensation of up to three months' wages. Understanding the legal framework for unfair dismissal is crucial for both employees and employers to ensure fair treatment and compliance with labor regulations.

What Can an Employee Do?

1. Claim Compensation If a worker is unfairly dismissed, they are entitled to compensation. The law allows compensation of up to three months' wages depending on the circumstances of the dismissal.
2. Notice Period Compensation If an employer terminates an employee without the proper notice period, the worker is entitled to compensation equal to the wage for the notice period that was not provided.
3. End of Service Gratuity Employees are entitled to end-of-service gratuity, calculated based on their years of service. This financial reward is an important benefit that should not be forfeited, except in cases where the employee has not completed at least one year of continuous service.
4. Unpaid Wages Employees are entitled to claim any unpaid wages at the time of termination. Employers are obligated to pay all outstanding dues within 14 days of the contract's end.
5. Legal Protection and Representation Employees who believe they have been unfairly dismissed can seek legal counsel to navigate the complexities of filing a complaint and claiming their rights. The legal process provides a clear pathway for obtaining justice in cases of wrongful termination.

The Bottom Line: Protecting Employee Rights After Unfair Dismissal

The UAE’s labor law ensures that employees are not left unprotected after termination, particularly in cases of unfair dismissal. Whether it’s compensation for unfair treatment or unpaid wages, the law provides a framework for employees to claim their rightful entitlements. Employers must adhere to these regulations to maintain a fair and compliant workplace.

How We Can Help?

At AWS Legal Group, we specialize in employment law and provide expert legal advice to both employees and employers regarding dismissal cases. Our team ensures that your rights are protected and offers comprehensive legal support to navigate unfair dismissal claims effectively.