Is a verbal termination legal in the UAE? What the law says
Why written notice is crucial when you’re fired in the UAE
Dubai: Losing your job is stressful enough but being let go verbally, with no letter to show for it, creates a whole other set of problems. Under UAE Labour Law, termination notice must be given in writing, meaning an employer who skips this step is not just being evasive - they may be in breach of the law.
Without written confirmation, an employee can struggle to prove the termination ever happened, and may find it harder to secure a new role or access their end-of-service entitlements.
That is precisely the situation one Gulf News reader found themselves in:
"I was verbally informed in May that my employment had been terminated. However, despite my requests, I have not received a termination letter or any written confirmation of my employment status. I emailed the employer seeking clarification but have received no response for more than a week. Additionally, my final salary remains unpaid, along with two months of commission."
Does a verbal termination have legal standing without a written letter?
According to Ludmila Yamalova, Founder and Managing Partner of HPL Yamalova & Plewka FZCO, a verbal termination alone is generally not enough.
"The UAE Labour Law requires termination notice to be given in writing. Under Article 43 of Federal Decree-Law No. 33 of 2021, the terminating party must notify the other 'in writing.' A purely verbal termination does not meet this requirement," Yamalova said.
The burden of proving that a termination took place also falls on the employer. "An employee's end-of-service entitlements are determined as of the date of termination, and it is the employer who must prove what that date is," she said. Without such proof, the employee can argue that their employment is still ongoing.
A verbal termination can carry more weight if either party follows it up in writing. However, Yamalova cautions that emails sent by the employee chasing a response are not enough on their own. "If the company does not acknowledge those emails, the silence can actually be used by the employee as proof that no termination was ever intended."
The situation changes if the employee themselves confirms in writing that they were verbally terminated and then stops coming to work. "Under certain circumstances, a court may construe this as a valid termination - the written follow-up shows the employee's acknowledgement, and their decision not to return to the office is them acting on it.”
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A verbal termination by the employer, on its own, is usually not enough. In fact, the UAE Labour Law requires termination notice to be given in writing. Specifically, under Article 43 of Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, the party terminating the contract must notify the other party "in writing." A purely verbal termination therefore does not meet the statutory form.
What can an employee do if their employer refuses to confirm their employment status in writing?
According to Yamalova, employees have several options depending on what they ultimately want to achieve.
1. Keep showing up to work If the employee wants to protect their rights, they can continue coming into the office as normal until the employer confirms their status in writing. On that basis, they can claim entitlement to end-of-service benefits throughout that period.
2. If the employer blocks access to the workplace The same logic applies even if the employer physically or otherwise prevents the employee from coming in. The absence of a written termination can still be used as evidence that employment was ongoing.
"The employer's refusal to let the employee come in and perform work is not proof that the employee is no longer employed, the company may simply not want them to work. The burden remains on the company to prove it terminated the employee. Without that proof, the employment may be viewed as still active."
3. If the employee wants to leave Where the employee wants to move on, the burden shifts to them to establish that a verbal termination did take place. Written follow-up becomes essential here.
"Multiple follow-ups by the employee requesting confirmation, especially if the employer fails to respond would help establish that the termination was real and that the employee did not simply abandon their job.”
Can an employer file an absconding report after a verbal termination?
Technically yes, but Yamalova explains it is unlikely to hold up.
"To make the absconding report stick, the employer needs to show more than mere absence. It should have evidence that it asked the employee to return and they refused, or that the employee was completely unreachable. This matters because the seven-day window exists precisely to give the employee a chance to account for their absence and a legitimate reason defeats the report."
The legal basis is Article 44(8) of Federal Decree-Law No. 33 of 2021, which treats unexplained absence of more than seven consecutive days as potential grounds for the employer to act.
There is also an important procedural point: an absconding report generally cannot be filed if the employee already has an active labour complaint or lawsuit pending against the employer, under Ministerial Resolution No. 47 of 2022.
Employers should also be aware of the risks of filing falsely. "Abandonment reports are used far more cautiously now than in the past. A false report can result in fines of between Dh5,000 and Dh10,000 from GDRFA Dubai, suspension of the employer's file, which blocks further sponsorship until resolved and potential liability for false reporting beyond the labour-law penalties."
To make the report stick, however, the employer should be able to show more than mere absence. It should have evidence that it asked the employee to return and that the employee refused, or evidence that the employee was unresponsive and unreachable. This matters because the seven-day window exists precisely to give the employee the chance to account for the absence, and a "legitimate reason" defeats the report.Ludmila Yamalova, Founder and Managing Partner of HPL Yamalova & Plewka FZCO Legal Consultancy
Can an employer withhold your final salary or end-of-service benefits?
No, under UAE Labour Law, an employer has no legal right to withhold these payments. Here is what you are owed:
Final salary – must be paid within 14 days of the last working day, under Article 53 of Federal Decree-Law No. 33 of 2021
Notice period pay – you are entitled to one month's salary for the notice period, whether or not you actually work during it
End-of-service gratuity – payable under Article 51
Accrued annual leave – any untaken leave must be paid out in cash under Article 29
All of the above are due within 14 days of the last day of employment, calculated after the notice period has run.
Commissions may be treated differently. Where the contract provides that commissions are not payable until a later date, there may be a corresponding grace period before they fall due.
Should an employee file a labour complaint straight away, or wait for the employer to respond?
Yamalova advises filing immediately, there is no obligation to wait for the employer to respond first, and doing so helps preserve the employee's rights.
The complaint itself serves as evidence: that a termination took place, that salary was withheld, or that the employer failed to meet its obligations.
Under Article 54 of Federal Decree-Law No. 33 of 2021, either party may submit a dispute to MOHRE, which will attempt an amicable settlement. For claims up to AED 50,000, MOHRE can issue a binding decision; larger claims are referred to the courts, in accordance with Ministerial Resolution No. 47 of 2022.
"Employees should not hesitate to take this step. The labour law exists to protect their rights and so do MOHRE and the Labour Courts."
