Unfair dismissal in the UAE: Know your rights and how to file a complaint

Dubai: In the UAE, terminating an employee for filing a labour complaint or lawsuit against their employer is considered illegal if the claim is valid. According to Federal Decree-Law No. 33 of 2021 Regulating Labour Relations, such a dismissal is deemed arbitrary.

Under Article 47, a worker’s rights are protected if they are terminated without a justifiable reason. Specifically, dismissing an employee for filing a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) is classified as arbitrary termination.

What can an employee do if they are dismissed unfairly?

If an employee believes they have been dismissed unfairly, they can lodge a complaint with MOHRE. The ministry will first attempt to resolve the matter amicably. If no settlement is reached, the case will be referred to the relevant court for further proceedings.

If arbitrary dismissal is proven, the court may order the employer to compensate the employee. The amount of compensation is determined based on:

• The nature of the work

• The extent of the damage caused to the employee

• The duration of employment

The maximum compensation awarded cannot exceed the employee’s wage for three months, based on their last salary. In addition to compensation, employees can also claim:

• Gratuity

• Notice period dues

• Any other unpaid entitlements

How to file a complaint for arbitrary dismissal

If you have been unfairly dismissed, you can file a complaint with MOHRE by following these steps:

1. Visit the MOHRE website at mohre.gov.ae.

2. Go to the ‘Services’ section and scroll down to select ‘Submission of Comments, Complaints and Inquiries’.

3. Click ‘Start Service’ to proceed.

4. You will be redirected to the Twasoul platform.

5. Enter the following details:

   • Full name

   • Email address

   • Mobile number

6. Select the case type as ‘Complaint’, enter the subject, and provide a detailed description of your complaint.

7. Attach any supporting documents or evidence.

8. Click Submit to complete the process.

Upon submission, you will receive a reference number to track your complaint status.

What happens next?

The timeline for a response or resolution depends on the type of complaint. MOHRE advises that complaints must be submitted within 30 days of the employer’s violation of legal obligations. Labour disputes are typically settled within 14 days of submission. If a resolution cannot be reached amicably, the case is referred to the competent court for a decision.

If you need further guidance on filing an arbitrary dismissal complaint or understanding your rights, you can contact the Labour Claims and Advisory Centre at 80084.