Question 1: I have been more than seven months working in a private school on a contract for two years. Two weeks ago my school terminated my contract saying that my performance was not up to their requirement and that this termination is within the probation period. They mentioned no end of service or termination compensation because I did not complete one year in service as the probation is for nine months not six months according to the school rules. The nine months probation period is mentioned in a separate letter which I signed at the time I joined the school. My question here is can the private school increase the probation period and is the labour law company not applicable as my school management told me? What is my legal position in this case as I have signed a letter in this regard and agreed on the probation period which is 9 months? What about my termination? Is it considered within the probation period or after the probation period and what is my right in this regard? Please advise.
Answer 1: Article no.37 of the Federal Labour Law No.8 of 1980 states the following. “A worker may be engaged on probation for a period not exceeding six months, during which his service maybe terminated by the employer without notice or severance pay: provided that a worker shall not be engaged on probation more than once in the service of any employer. Where a worker successfully completes his period of probation and remains in his job, the said period shall be reckoned towards his period of service”. Therefore, based on such article no agreement shall be made to increase the probation period and the school management has violated the labour law because they have terminated the questioner limited contract after the probation period and the school must compensate the questioner by paying three months full salary plus other end of service rights or in accordance with the labour court decision.
Question 2: I have been working in a company for more than two years. Two months ago I signed a new limited contract for another two years as a HR manager. One month ago the owner of the company said to me that I had reported the work secrets to a competitor company and due to that they had lost a very big project. Therefore; he asked me to submit my resignation immediately otherwise he will report the matter to the labour ministry. I was suspended from work and the company will dismiss me in accordance with article No. 120 of UAE’S Labour Law. In this case, I will be deprived of my right and deportation as well. The accusation of the company owner is untrue and not fair without any proof. Please advise me in this regard, and how can I get out of this problem since I’m under a great deal of pressure. Will I really face a problem if the company dismisses me under article No. 120 of UAE’s Labour of Law? And do they have the right to do so since they have no proof?
What do you suggest to help me get out of this problem?
Answer 2: I would like to assure the questioner that if the said company had evidence against him in connection with its allegation, I would have dismissed the questioner immediately and referred him to the labour ministry. I advise the questioner not to submit his resignation, so that it does not affect the end-of-service gratuity, and his legal position will not become weak especially since the questioner is working under a limited contract.
Question 3: I am on a two-year limited contract and have completed one year with the current employer. Now I don’t have work because the company is closed due to some financial problem and also the company manager ran away. Can I cancel my visa and join another company because I’m getting a good offer without a ban? Note that I did not receive my salary for more than six months. Please advise.
Answer 3: I would like to clarify to the questioner that he shall file complaint before the Ministry of Labour and report the company situation being closed, in such an event the ministry might entitle the questioner to transfer to a new company without any ban.
