I am a manager partner in a company in Dubai. Two of my employees do not perform their duties as per the labour law. They don’t come to work on time and remain absent around three days in a month. Therefore, a month ago I decided to terminate their services without notice. I asked them to leave immediately and withheld their end-of-service benefits. They filed a case against the company with the Ministry of Human Resources and Emiratisation. My big mistake was never to punish, or send a written warning to them in the course of their employment. I only delivered verbal warnings. In what cases does an employer have the right to terminate an employee’s service without notice? Is my action against the employees considered legal under the labour law?
According to Article 120 of Federal Law No 8 of 1980, an employer may dismiss a worker without notice in any of the following cases:
1. If the worker adopts a false identity or nationality or submits forged certificates or documents.
2. If the worker is engaged on probation and is dismissed during the probationary or on its expiry.
3. If the worker makes a mistake resulting in substantial material loss for the employer, on condition that the latter notifies the Labour Department of the incident within 48 hours of his becoming aware of its occurrence.
4. If the worker disobeys instructions respecting industrial safety or the safety of the workplace, on condition that such instructions are in writing and have been posted up at conspicuous place and, in the case of an illiterate worker, that he has been acquainted with them orally.
5. If the worker does not perform his basic duties under the contract of employment and persists in violating them despite the fact that he has been subject of written investigation for this reason and that he has been warned that he will be dismissed if such behaviour continues.
6. If the worker reveals any secret of the establishment in which he is employed.
7. If the worker is sentenced by a competent court for an offence involving honour, honesty or public morals.
8. If the worker is found in a state of drunkenness or under the influence of a drug during working hours.
9. If, while working, the worker assaults the employer, the responsible manager or any of his work mates.
10. If the worker is absent from work without a valid reason for more than 20 non-consecutive days.
Therefore, the action taken by the questioner against the employees does not match with the above mentioned article and is considered against the labour law.
I returned to my home country after losing my job two months ago. I did not receive my end-of-service benefits, but a bank has filed a civil case against me over an unpaid credit card loan. The bank is not negotiating to settle the amount at a reasonable offer — it’s asking for a huge amount in interests. I offered them to pay 50 per cent only from interest amount but the bank rejected my offer. What can be done to close this issue? I am not in UAE right now. The loan is guaranteed by the insurance company and paid full in instalments to the insurance company through my bank at the time I took the loan. Please advise.
If the case is already in court, the only option that the questioner has is to appoint an advocate to prove that the loan is insured by the insurance company. Therefore, the questioner lawyer should file a case against the insurance company by involving the insurance company in the same case filed by the bank and if in case the judgement is in favour of the questioner, the court will order the insurance company to pay the Loan.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants