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.

Find out Visa validity of your Dubai visit visa, resident visa online

You can find out your visa status ,validity and resident application status etc online using General Directorate of Residency and Foreigners Affairs - Dubai web site. Please click the web site url
https://www.ednrd.ae/portal/pls/portal/INIMM_DB.DBPK_VISAVALIDITY.Query_VisaValidity


 Please note that Extension for Tourist Visa can only be applied online IF there is NO overstaying sponsored person on the Establishment

Transit Visa - Dubai

Transit passengers stopping at Dubai International Airport for a minimum of 8 hours and meeting the certain conditions mentioned below are eligible for obtaining a 96-hour transit visa. These conditions are as follow:

Airlines sponsored only (prior arrangements maybe required)

Applications should have confirmed onward booking to the 3rd destination

For transit passengers or those holding special permits, or for visit or mission, the passport or the document must be valid for at least three months

Citizens of the following countries are not eligible for the 96 hours visa on arrival:

Somalia, Afghanistan, Iraq, Niger, and Yemen.

The transit visas for passengers arriving at Dubai International Airport can be arranged by Emirates Airline for its passengers or by Marhaba Services for those travelling on other airlines. Marhaba Services Tel: 00971 4 2162657; 2164629  email:  marhaba@emirates.co

Dubai Labour law- Workers' rights and limited contracts

Question ---- I worked at a company for more than three years on a contract for limited period. One month ago, I submitted my resignation after I received another job opportunity. But the employer did not allow me to join the new firm. He refused to give me my end-of-service gratuity. He then deducted 45 days’ salary for breaking the limited contract. He said the Labour Law does not entitle me to any end-of-service amount and that he may prevent me from transferring to another sponsor. Please clarify my right as per the law, and whether I am not entitled to any compensation, and whether I may not transfer to a new company. Note that I have been with the current employer for more than three years, and that in accordance with the Labour Law I am not required to obtain a no-objection certificate for transfer of sponsorship. Please advise. Many thanks.
Answer

I would like to clarify to the questioner that the Labour Law does not entitle a worker who was working under contract for limited period to claim end-of-service if the worker himself broke the contract. But the worker shall compensate the employer an amount equivalent to 45 days’ salary if the employer can prove the damages. The worker is, as per the Labour Law, entitled only to due pay, which the worker did not obtain. As for a transfer to a new sponsor, the employer might request the Ministry of Labour to impose a one-year ban on the questioner on grounds that the questioner broke the employment contract, which is for a limited period, and which caused damages to the employer. Therefore, I advise the questioner to seek to resolve this matter amicably with the employer so that he can transfer to a new sponsor.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants
Please note we are adding few frequently asked questions to avoid the confusion of the parties
Termination of Employment Contract in UAE – Frequently asked Questions
First: cancellation of the limited contract by employer:
4. My contract is a limited contract and the employer dismissed me without a legal reason, am I entitled to compensation for the injustice dismissal? … Article (115) :

If the employer dismissed you and revoked the contract without the reasons provided in the article ( 120) , he shall compensate the worker by a pay of (3) months or the period remained from the contract , whichever is shorter … unless otherwise provided by the contract.

* Example: a worker with limited contract started from 10/1/ 2005 and expires on 9/1/ 2008 … and the employer dismissed him without a reason or justification in 3/2/2007 .. here, the worker is entitled for a compensation against the injustice dismissal , payment for ( 3) months.

* Example: a worker with a limited contract started from 10/ 1/ 2004 and expires on 9/ 1/ 2007 .. the employer dismissed him without a reason or justification in 3/12/ 2006 .. here, the employer shall compensate the worker for the injustice dismissal for the remaining period of the contract. Namely, he was dismissed in 3/12/2006 before his contract expires in 9/1/ 2007 .. so the remaining period as from date of dismissal to the date of expiry of the contract is = (37) days … and it is the period for which the worker is entitled for compensation by the employer .. ( this is the explanation for phrase of " the remaining period from the contract).
5. Is the compensation for injustice dismissal calculated on the basic salary or the total salary?
Compensation is calculated on the total salary received by the worker According to the article (115) in which it is mentioned the word (remuneration) … and the remuneration is provided for by the labor law, … article (1). (Remuneration):

" All payments made to the worker on a yearly, monthly, weekly, daily, hourly, piece work, or production or commission basis. Remuneration shall include raise of living and include as well any grant given to the worker as a reward for his honesty or efficiency if such amounts are provided for in the contract of employment or in the internal regulations of the establishment or have been granted by custom or common practice to such extent that the workers of the establishment regard them as part of their remuneration and not as donations”

Second: Revocation Of The Limited Contract Of Association

6. My contract is a limited contract and I submitted my resignation before my contract expires, shall I pay a compensation to the employer for revocation of the contract? … article (116):

Where the contract is broken by the worker before the limited time. Worker should by 45 day from his total salary or the residual period of the contract whichever is shorter

7. I worked with the employer for two years and my contract is limited by (3) years and I obtained a work opportunity at another place …. Is the employer entitled to deduct (45) from my dues for non- completion of the contract of employment?

According to What has been mentioned into these questions:

In all cases and according to the article (116): If the contract of the worker is with a limited period and he submitted his resignation before expiry of the contract without the reasons provided for in article (121)., the worker shall compensate the employer for What he has sustained from damage sue to revocation of the contract through compensating the employer by half of remuneration of the last three months or the remaining period from the contract , or whichever closer , unless otherwise provided for by the contract.

* Example: a worker with a limited period contract for (3) years .. he worker two years and ( 11) months … and he submitted his resignation , here, he shall compensate the employer by a half of remuneration of the last three months or the remaining period from the contract , or whichever closer from them , unless otherwise provided for in the contract.

8. My contract is a limited and it has not been expired yet , may I submit my resignation and serve for one month of notice ?
As for the limited contracts, there is no one month of notice … because the one month notice is for the unlimited contract -therefore , the worker shall compensate the employer by a half of remuneration of the last three months or the remaining period from the contract , or whichever closer from them , unless otherwise provided for in the contract.
* Example: a limited contract started from 4/3/2005 and expires on 3/ 3/ 2008 , and the worker submitted his resignation in 5/6/ 2006 - here, the worker shall compensate the employer by a half of remuneration of the last three months or the remaining period from the contract , or whichever closer from them , unless otherwise provided for in the contract.
9. I submitted my resignation before ( 6) months from expiry of my limited contract and the employer wants to deduct a remuneration of 45) days , is he entitled for so ?

As per the article (116) from the labor law … the employer is entitled to deduct from the total remuneration - due to your revocation of your contract of employment with no reason

10. a worker with limited contract which will be expired after one year, submitted his resignation due to his personal circumstances : ( family problems at his home country) or ( he obtained another job) shall he pay the compensation amount ?

Yes, the employer is entitled to demand the worker for the compensation amount, because these are personal matters
11. How the compensation is calculated, on the basic or total salary?
It is calculated on the last remuneration received by the worker.

Visa renewal fee cannot be deducted from gratuity

A reader in Dubai asks: I’ve been working in a company for over four years. Recently they reduced Dh2,000 from my salary due to bad performance (that is the reason they gave). This prompted me to resign. However, I have 41 days remaining in my annual leave and they just renewed my contract in the June of 2009. I was informed by our public relations officer that the company will deduct the visa renewal fee and health insurance from my end-of-service entitlement. Is this legal? For the health insurance, they made us sign an agreement in October 2009 that if we did not complete the 12 months we have to pay for the remaining months. Regarding the remaining leave, they said it will not be converted to cash as I did not utilise it. Do I have any claim if they do all this?

No, it is illegal and you can complain to the Ministry of Labour to get the entire gratuity plus the compensation.

Questions answered by Advocate Eisa Bin Haider of Bin Haider Advocates & Legal Consultants.