Ask the law: Legal advice on unfair termination

Question:

A questioner from Dubai asks: I work in a private, semi-governmental company. A month ago, my services were terminated without cause. I tried with the administration to get my job back, but I was rejected. My question is: Do I have the legal right to file a labour lawsuit to demand that I be reinstated? If I am not returned to work, do I have the legal right to claim compensation for unfair dismissal? Please advise.

Answer:

To answer such question, I would advise the questioner that:

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You have the right to file a labour case, but you cannot oblige the company to return you to work because the semi- governmental company is treated like any normal company, not like a governmental company.

The administrative decision made by the governmental companies can be cancelled according to Article 3 of the Federal Decree Law No. 42/2022 regarding the Civil Procedures Law, and the case shall not be heard after the lapse of (60) days from the date of publication of the contested administrative decision, notification of the concerned person, or his proven definitive knowledge thereof.

But the decisions made by the semi-governmental company is not considered administrative and thus the actions of cancellation of the decision mentioned above, is not applied to it.

As for arbitrary dismissal, the termination of the worker’s service by the employer, as per Article 47 of the Labour Law No. 33/2021, is considered unlawful if the termination is due to filing a serious complaint to the Ministry or filing a lawsuit against the employer, whose validity is proven. If your termination was according to one of these cases, then it is considered arbitrary and you will be entitled to such compensation.

Otherwise, the termination will not be considered unlawful but based on the wish of either party, as mentioned in Article 42 of the Labour law, provided that the provisions regarding the notice period agreed upon in the contract are observed;

In general, you have the right to claim whatever rights you want in front of the labour court and leave the matter to the court to decide about these rights.