What is arbitrary termination

  • Published: 16:25 January 2, 2012

SUBJECT
Employment

I have worked in a company for more than two years, but my employer has never granted me annual leave. I filed a complaint against him in the Ministry of Labour and he terminated my services. Is this legal? Can I take the matter to court and request that I be reinstated and my termination considered as arbitrary dismissal?

Federal Labour Law No. 8 of 1980, Article No. 122 states the following: “A worker’s service shall be deemed to have been arbitrarily terminated by his employer if the reason for the termination is irrelative to the work and more particularly, if the reason is that the worker has submitted a serious complaint to the competent authorities or has instituted legal proceedings against the employer that has proved to be valid”. As for the question on the possibility to be re-instated in service once again, the Labour Law does not oblige the employer to reinstate the worker again even if he was dismissed arbitrarily.

 

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

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