When can an employee be dismissed without warning in a UAE company?
Question: I am a company owner. I want to know when the employer has the legal right to dismiss a worker without warning, and whether he can be deprived of his right at the end of service.
It is also mentioned in the employment contract that he is laible to pay a sum of money if he works for another competing company. Do I have the legal right to take this amount from him?
Answer: The employer, according to Article 44 of Federal Law no. 33 of 2021, may dismiss the worker without warning, in any of the following cases:
1. If it is proven that the worker impersonates another person or has submitted false certificates or documents.
2. If the worker makes a mistake that results in a grave material loss to the employer, or if the worker deliberately harms the property of the employer and acknowledges the same.
3. If the worker violates the instructions of the establishment’s internal system related to the safety of work and workers or the workplace.
4. If the worker fails to perform his basic duties according to the employment contract and continues to breach them despite a written investigation initiated against him.
5. If the worker discloses any of the work secrets related to industrial or intellectual property, which results in losses to the employer,
6. If during working hours, he is found drunk or under the influence of a narcotic or psychotropic substance or has committed an act contrary to public morals in the workplace.
7. If in the course of his work, the worker commits, against the employer, the manager or any of his superiors or colleagues, a verbal or physical assault.
8. If the worker is absent from work without a legitimate reason for more than 20 non-consecutive days, or more than seven consecutive days.
9. If the worker illegally exploits his job position to obtain personal results and gains.
10. If the worker works for another establishment without complying with the controls and procedures established in this regard.