I am a woman. I have been working for a company as an accountant for more than two years under a limited contract. A month ago, my employer told me that the company had to face a big loss because I had not done my work properly. His allegation is malicious. My employer then told me to submit my resignation within a week or he would dismiss me as per Article 120 of the UAE Labour Law and file a criminal case against me. I did not submit my resignation.
The company then reported me to the Ministry of Labour and lodged a complaint against me, and terminated my contract. I would like to know whether Article 120 of the UAE Labour Law is applicable in my case? The termination letter mentions that it is being issued as per Article 120 of the UAE Labour Law and, therefore, I have no right to claim my end-of-service dues. My labour contract mentions that the employer is supposed to pay the return tickets for me and my family. Do I have the right to claim air tickets even if my service has been terminated?
I would like to inform the questioner that as per Article 120 paragraph C, an employer may dismiss a worker without notice in any of the following situations: “If the worker makes a mistake resulting in substantial material loss for the employer, on condition that the latter notifies the labour department (Ministry of Human resources and Emiratisation) of the incident within 48 hours of him becoming aware of its occurrence.
As per the above-mentioned paragraph, termination of the questioner’s contract is against the labour law. The questioner has the right to file a counter complaint with the ministry against the employer and claim her end-of-service dues and also a compensation for arbitrary dismissal. The questioner has the right to claim air tickets for her and her family as long as she is not joining a new employer and is leaving the UAE.
Downgrading for no reason
As per the UAE Labour Law, does the employer have the right to downgrade an employee’s position and refuse to pay the bonus which is clearly mentioned in the labour contract? My employer has done this to me to force me to submit my resignation. What action shall I take against the employer as per the Labour Law?
I would like to clarify to the questioner that as per the Dubai Supreme Court, downgrading an employee in the job by the employer for no reason is considered a form of arbitrary dismissal and the submission of resignation by the employee, in this case, is an expression of his disagreement to such undue downgrading. Also, the employer, by doing so, is in breach of his obligations towards the employee, which entitles the employee to quit work with his right to obtain all dues along with compensation for arbitrary dismissal. Therefore, I would advise the questioner to file a labour complaint against the company if he fails to reach an amicable solution with the employer to claim all his rights.