Living In UAE

Reader complaint

UAE: I waited for six months to join a company, but was fired. What are my rights?

The reader claims he lost time and money waiting for the company to provide a joining date

Published: October 01, 2020 15:31 Huda Tabrez, Living in UAE Editor

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If you have signed a labour contract but have not joined work, can your company fire you? — A Gulf News reader wanted to find out what his rights are in such a situation. Image Credit: Clint Egbert/Gulf News

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The reader said: “I was hired by a company, but due to the COVID-19 situation, my joining got delayed. — While the reader signed a contract, he was not able to join work. Image Credit: Clint Egbert/Gulf News

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Despite processing the reader's visa, the company later informed him that the employment would be terminated. Image Credit: Clint Egbert/Gulf News

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“I have waited for six months and I am really devastated because they destroyed my career and now I have a lot of debt because of this situation. — The reader wanted to know how he can raise a complaint. Image Credit: Clint Egbert/Gulf News

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Gulf News raised the query with Dr Hassan Elhais, legal consultant at Dubai-based Al Rowaad Advocates and Legal consultants who said that any employee facing such a situation would first need to carefully review. — Your rights would depend on the terms of your employment, according to the UAE Labour Law. Image Credit: Clint Egbert/Gulf News

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It is important for the worker to carefully review their labour contract. — Image Credit: Clint Egbert/Gulf News

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The factors that are important are 1. type of contract, 2. the joining date, 3. the probation period, 4. the notice period — It is important to consider various factors before initiating a labour litigation against the employer. Image Credit: Clint Egbert/Gulf News

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Accordingly, you will arrive at your claim against the employer such as, among others, pending salaries, compensation and end of service — Image Credit: Clint Egbert/Gulf News

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What happens if you are terminated during the probation period? — Read all about probation periods and what your rights are, in our detailed guide here: https://gulfnews.com/1.1601474121483 Image Credit: Clint Egbert/Gulf News

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The employer may terminate the service of an employee who is still under probation period. — Image Credit: Clint Egbert/Gulf News

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The probation period cannot exceed six months. — Image Credit: Clint Egbert/Gulf News

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What are the conditions under which your contract can be terminated? — Article 113 of the UAE Labour Law has provisions which need to be followed for the termination of a contract. Image Credit: Clint Egbert/Gulf News

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The termination should be mutually agreed upon or after the expiry of the contract. — The termination should comply with the contractual obligations as well as the UAE Labour Law. Image Credit: Clint Egbert/Gulf News

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Article 123/a of the UAE Labour Law provides that an employee under an unlimited contract may claim up to three months of compensation for arbitrary dismissal. — What is arbitrary dismissal? Read more here: https://gulfnews.com/1.1598261355401 Image Credit: Clint Egbert/Gulf News

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Article 115 provides that should the termination of a limited contract be done for a reason not related to the employee's performance, the employee may claim compensation. — What happens if your termination is not directly related to any poor performance? Image Credit: Clint Egbert/Gulf News

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However, it is important that the employee first file a complaint with the relevant labour department. — You can call the MOHRE hotline on 800 60 to find out how you can register a complaint. Image Credit: Clint Egbert/Gulf News

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As per public policy, an employee is required to file a complaint, before filing a court case. — It is important to follow the due process for labour complaints. Image Credit: Clint Egbert/Gulf News

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The case may be dismissed by the court if the due process is not followed. — Image Credit: Clint Egbert/Gulf News

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You may proceed with registering a complaint with the competent labour department and subsequently by registering a case with the Labour Court to claim your rights — Image Credit: Clint Egbert/Gulf News

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To find out how you can file a complaint with MOHRE, follow the link to our detailed guide in the caption below. — Want to know how you can file a labour complaint? Read our detailed guide here: https://gulfnews.com/1.1598367448791 Image Credit: Clint Egbert/Gulf News

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