Dubai: When working in the UAE, your rights as well as the rights of your employer are protected under the UAE’s Labour Law. From February 2, 2022, the new UAE Labour Law – Federal Decree-Law No. 33 of 2021 – has come into effect, replacing the current Federal Law No. 8 of 1980 and its amendments.
When looking at violations at work that can land an employee in trouble, Article 44 of the new Labour Law, titled ‘Dismissal of worker without prior notice’, states that an employer may dismiss the worker without prior notice, after a written investigation with him, and the dismissal decision shall be in writing and reasoned, and given by their employer, or his representative, to the worker, in any of the following events:
1. If the worker assumes a false identity, or submits false certificates or documents.
2. If the worker commits an error resulting in gross material losses to the employer, or deliberately cause harm to the property of the employer, and admits the same, provided that the employer notifies the Ministry of the incident within seven working days of being aware of the occurrence thereof.
3. If the worker violates the bylaws of the establishment in relation to work and Workers Safety or the workplace, provided that such instructions are in writing and posted in a visible place, and the worker has been advised thereof.
4. If the worker fails to perform his main duties in accordance with the employment contract, and fails to remedy such failure despite a written investigation with him on the matter and two warnings that he will be dismissed in case of recidivism.
5. If the worker divulges business secrets in relation to industrial or intellectual property, which results in losses to the employer or loss of opportunity or a personal benefit for the worker.
6. If the worker is found during the working hours in a state of drunkenness or under the influence of a narcotic or psychotropic substance or commits any act against morals at the workplace.
7. If the worker commits a verbal, physical or other form of assault punishable by legislation in force in the UAE against the employer, the responsible manager, his supervisor or co-worker.
8. If the worker is absent from work without legal cause or justification acceptable to the employer for more than 20 interrupted days in a year, or more than seven consecutive days.
9. If the worker abuses his position with the aim to obtain personal gains and profits.
10. If the worker joins another establishment without complying with the controls and procedures prescribed in this regard.