‘My services were terminated without notice’

I worked in a factory for more than four years. A month ago, I received a termination letter from my employer without notice. The letter stated that my services were being terminated under Article No 120 of the UAE Labour Law. My contract is for an unlimited period. Please clarify this article in detail. The employer also wants to terminate my services without giving me my end-of-service benefits. When I asked management for a reason, they gave me excuses ranging from my being responsible for some material loss to other issues. They also mentioned they would be imposing a one-year ban on me. What should I do?

Article No 120 of UAE Federal Law No (8) of 1980 states: “An employer may dismiss a worker without notice in any of the following cases:

If the worker adopts a false identity or nationality or submits forged certificates or documents;

If the worker is on probation and is dismissed during the probationary period or on its expiry;

If the worker makes a mistake resulting in substantial material loss for the employer, on condition that the latter notifies the labour department of the incident within 48 hours of his becoming aware of its occurrence;

If the worker disobeys instructions respecting industrial safety or the safety of the workplace, on condition that such instructions are in writing and have been posted at a conspicuous place and, in the case of an illiterate worker, that he has been acquainted with them orally;

If the worker does not perform his basic duties under the contract of employment and persists in violating them despite the fact he has been subject of written investigation for this reason and that he has been warned that he will be dismissed if such behaviour continues.

If the worker reveals any secret of the establishment in which he is employed;

If the worker is sentenced by a competent court for an offence involving honour, honesty or public morals;

If the worker is found in a state of drunkenness or under the influence of a drug during working hours;

If, while working, the worker assaults the employer, the responsible manager or any of his work mates;

If the worker remains absent from work without a valid reason for more than 20 non-consecutive days, or more than seven consecutive days.”

If the questioner has not violated any of these clauses, he should immediately file a complaint with the Ministry of Labour.

I have been working in a company for more than three years. Two weeks ago, I submitted my resignation, but I have not got my end-of-service dues till date. The amount offered to me is not as per the UAE labour law calculation. When I told them that I would file a complaint claiming my rights before the Ministry of Labour, the employer said addressing the complaint may take more than three months and suggested that I accept what is offered, especially since I wanted to join another company and risked losing the new job. Will the ministry take three months to deal with my complaint as mentioned by the employer? Does the ministry force employees to accept whatever is offered by the employer? Please advise.

Article 6 (amended) of the UAE Labour Law No 8 of 1980 states: “Without prejudice to the provisions concerning collective labour disputes stated in this law, if the employer or the worker or any beneficiary thereof raised a claim concerning any of the rights accruing to any of them according to the provisions of this law, he shall submit a request thereof to the concerned labour department.

“This department shall summon the two parties to the dispute and shall take whatever it deems necessary to settle the dispute amicably. If the amicable settlement is not reached, the said department must within two weeks from date of submitting request, submit the dispute to the concerned court.

“The submission must be accompanied with a note including a summary of the dispute, the arguments of the two parties and the observation of the department. The court shall, within three days from date of receiving request, fix a meeting to consider the claim and the two parties shall be notified thereof.

“The court may summon a representative of the Labour Department to explain the note submitted by it. In all cases no claim of any entitlement due under the provisions of this law shall be heard if brought to court after the lapse of one year from the date on which such entitlement became due, and no claim shall be admitted if the procedure stated in this article are not adhered to.”

Therefore, the above article determines two weeks for an amicable settlement without obliging any party to accept the settlement.

Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.