Arbitrary dismissal: 'I was terminated during my annual leave'

Terminated during leave

Question: I am a woman working as a teacher in a private school in Dubai for three years. Two years ago, I took two months’ annual leave that I was entitled to. Two weeks later, I received an email from the school management saying that as per the annual report, which evaluates the performance of teachers every year, my performance was below par and I was being terminated. 

As per the UAE labour law, does the school management have the right to terminate my services while I am on annual leave? In case my termination is valid, is it considered immediate and will it affect my annual leave payment? Do I have to file a labour complaint against the school immediately? Can I request the Ministry of Human Resources and Emiratisation to reinstate me? I have taken a bank loan a month back.

Answer: Under the UAE labour law, the employer has no right to terminate an employee while he/she is on annual leave. Such a termination is valid, but will be considered arbitrary dismissal. Therefore, the questioner has the right to ask for compensation due to arbitrary dismissal, but cannot be reinstated. Finally, the questioner is advised to file a labour complaint immediately against the employer with the ministry. The termination will not affect the annual leave payment.

Notice period

Question: I am a woman living in Dubai on my husband’s sponsorship. For the past seven months I have been working in a company. The contract stated that I have to serve a six-month probation period. I have a labour card, medical insurance card and accommodation from the company. If I decide to leave the job due to personal reasons, do I have to give them one month’s notice? Someone told me that since I am on my husband’s visa, I am not obliged to serve the notice period. Will the employer be able to impose a ban on me if I am going to join another company? Do I have to pay the company anything if I cannot serve the full notice period? Should I be paying for the labour card? Is it possible to leave the job immediately?

Answer: If the questioner’s contract is for an unlimited period and she wants to resign, she should notify the company in writing that she desires to quit upon the expiry of the notice period, which is one month as per the labour law, or the period stated in the employment contract. Therefore, the questioner cannot leave work immediately if she wants to escape a labour ban. Upon the expiry of the notice period, the questioner may transfer to a new company without the need for a no-objection certificate from the sponsor as such a document is no longer applicable. As per the labour law, the questioner is not obliged to pay for the labour card, or medical insurance card. If the questioner’s contract is for a limited period, the questioner cannot leave work prior to the contract period expiring. Otherwise, the questioner shall be subject to a one-year employment ban if the employer requests the ministry to impose it. In addition, she shall have to pay compensation to the employer if the latter proves that he has been affected by the termination of the employment contract.

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