Can UAE Employees Get Compensation For Quick Dismissal?

Working in the United Arab Emirates offers numerous opportunities, but situations can arise that pose unexpected challenges for employees. One such situation is if someone is dismissed shortly after starting their job. The question arises: could the individual be entitled to compensation? Let's examine what rights employees in Dubai have in this situation.

Dismissal During Probation Period: What Does the Law Say?

The UAE labor law, specifically the Federal Decree-Law No. 33/2021, clearly outlines the rights of employees during the probation period. According to the law, the employer is entitled to dismiss an employee within the probation period, but they must provide at least 14 days of written notice. This provision ensures that employees have a minimum level of protection even during the probation period.

What Happens If the Employer Does Not Comply with the Notice Period?

If the employer does not provide the legally required 14 days' notice, they are obliged to pay compensation to the employee. This compensation is equal to the employee’s wage for the remaining notice period. For instance, if someone is dismissed one week after starting their job with only 7 days' notice, they might be entitled to another 7 days’ worth of wages as compensation.

This rule is validated by Article 9, Paragraph 5, which states that if either party does not adhere to the stipulated notice period, they are required to provide compensation to the other party.

Unjust Dismissal: When Can It Be Cited?

According to UAE labor law, a dismissal is deemed arbitrary, or unjust, if the employee has filed a complaint that is found to be valid or if lawful action has been initiated against the employer. Under Article 47, in such situations, the employee may be entitled to compensation, which is determined by the competent court.

In cases of unfair dismissal, the court considers the following factors in determining the amount of compensation:

a, The nature of the work,

b, The extent of damage suffered by the employee,

c, The duration of the employment relationship.

It is important to note that the maximum compensation cannot exceed three times the employee’s last monthly salary.

What Can an Employee Do in Case of Dismissal?

If they feel their dismissal was unlawful, the employee can take the following steps:

1. Approach the UAE Ministry of Human Resources and Emiratisation to file a complaint against the employer.

2. Seek legal recourse through the courts, especially if they believe they were unjustly dismissed.

3. File a compensation claim for lack of adherence to the notice period during the probation.

Summary

While employers enjoy greater flexibility in dismissing employees during the probation period, this does not mean actions can be taken entirely without legal consequences. UAE labor law seeks to balance employer flexibility with employee protection.

If an employee in Dubai is dismissed during the probation period, it is crucial they are aware of their rights and, if necessary, take advantage of available legal remedies. The UAE’s labor laws provide clear guidance on handling such situations, ensuring employee interests are safeguarded even during probation.

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