Dubai: UAE’s new labour law – Federal Decree-Law No. 33 of 2021 Regulating Labour Relations – came into effect on February 2, 2022, and there are various regulations that the private sector has to adhere to under the ammended legislation.
One of the many Articles in the law also includes the conditions of dismissal for an employee. Article 47 – Arbitrary Dismissal - of the new labour law dictates the rights of a worker if their employer terminates them without providing a justifiable reason.
As per the law, if a worker can prove, through a complaint filed with the Ministry of Human Resources and Emiratisation (MOHRE) that the employer arbitrarily dismissed the worker, and the complaint is proven to be a valid one by the Ministry, the worker will be entitled to the compensation for arbitrary dismissal.
Here is a comprehensive look at what the new labour law states about the course of action against unfair termination by an employer.
Article (47) – Arbitrary Dismissal
1. A dismissal of a worker by his employer shall be arbitrary if the worker submits a serious complaint to the Ministry or files an action proven to be valid against the employer.
2. The employer shall pay the worker a fair compensation estimated by the competent Court, if it is found that the dismissal is arbitrary pursuant to paragraph (1) above.
The amount of compensation shall be determined based on the type of work, the extent of harm sustained by the worker and the length of his service. In any case, the amount of compensation shall not exceed three months’ wage of the worker, calculated based on the last wage received by him.
3. The provisions of paragraph (2) above shall not prejudice the right of worker to the pay in lieu of notice and severance pay due to him under the provisions hereof.
How can I file a labour complaint?
You can file a complaint with MOHRE through the following options:
1. Call the Ministry’s hotline on 800 60.
2. Download the MOHRE app and file a labour complaint
3. Visit www.mohre.gov.ae and select the option for filing a labour complaint.
You would need to create an account if you are choosing the second and third option. You would need your passport details and work permit (labour card) number to do so.
Once you file a complaint, you will receive a call within 72 working hours from a legal advisor, who will try to initially find an amicable solution to the issue.
There is no fee charged from an employee for this process.
You can read our detailed guide on the process that is followed by MOHRE centres, when an employee files a labour complaint, here.
