Sunday, March 7, 2010

Dubai Labour Law Article 122 -Employer may dismiss a worker without notice

An employer may dismiss a worker without notice, provided that the dismissal is in writing, based on valid grounds and handed to the worker, if and only if the worker:
1. assumes a false identity or nationality or submits forged certificates or documents
2. is engaged on probation and is dismissed during or at the end of the probationary period

3. Commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labour department of the incident within one week of his becoming aware of its occurrence
4. Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place.

5. defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated
6. reveals any confidential information of his employer
7. Is found in a state of drunkenness or under the influence of a narcotic drug during working hours
8. Assaults the employer, the manager in charge or any of his workmates during working hours
9. Absents himself from work without a valid reason for more than 20 non-successive days in one single year, or for more than seven successive days.
 or
10. Starts a work stoppage, or instigates or participates in such acts.
Save for in the case cited in item (2) of this Law, the worker’s employment permit shall be cancelled and he shall be banned from working within the State for at least one year in implementation of Article 16 of this Law.

5 comments:

Unknown said...

I have an employee who violates point 5 and point 9. despite warnings, he still comes late and is absent for 12 consecutive days. he has also taken unreasonable 45 days leave in 2 years. his contract is for 3 years with 1 year remaining. I recently paid for his annual leave and all dues + air ticket in full. So, if I terminate him now without a notice, do i still pay for his gratuity? As this will be not fair for me as an employer?

Anonymous said...

Sir/Madam,im working in a private company for last 8 yrs,i received a dismisal of service last Nov 2
stated that as they observed my perfomance assesment below satisfactory & acceptable levels over 6 mos,& no improvements.thats why has been dismissed &they require me 30 days commences to work till Dec 4,2010.
im working in this company for last 8 yrs &despite of this allegations of my no improvements i had my salary slip havin my commision paid,by their sayin my working levels is below,recently i was on maternity situation,i just resumed my work last Oct 19 from maternity leave.and Nov 2 received dismissal letter.& without giving me notice or discuss the issue,Last Nov 2 they call me to meet the HR<MGR.had force me to sign the dismissal paper after weve talked.AS i tried to explain & justify myself being a worker with them,i found humilated my capacity.as i been working in 8 yrs.
my query are whats is my rigths,dues shall i have to receive?Like my gratuity..
Shall i transfer my visa & my child visa to my husband?Hes working in JAFZA with the salary of 5500.sir/madam pls kindly hide my letter as i need to know my situation.
sir/madam my hearthful thanks..

Anonymous said...

i am working in gulf logistic company (rak,uae) i gave my resignation 2 months back but my chairman not cancelled my visa he is forcing me to continue the work without paying salary& overtime i need ur suggestion & help atleast labour enquiry start for god sake.....

Anonymous said...

i am working in gulf diesel trading company there is no wps salary transfer into my a/c i am getting wages on daily wages ! need help & support ?

congeniality_70 said...

i never violated any of those but still my employer cancelled my visa and i have a lifetime ban. i worked as accountant but my visa is housemaid visa that's why he put my case as absconding where the truth is he returned me tomy agency and i have paid him 4000dhs for my passport. How will i get my ban lifted up wherein my employer is the one who cancel me. pls advise. thanks