Termination of employee
Question: According to the new UAE Labour Law, when does the employer have the right to terminate an employee and when is he or she also entitled to terminate an employee without issuing a warning?
Answer: Article (42) of Federal Law No 33 of 2021 (the new Labour Law) states that employment contract will be terminated in any of the following cases:
1. Written agreement of both parties upon termination.
2. Upon expiry of the term specified in the contract, unless it is extended or renewed according to the provisions hereof.
3. Based on the wish of either party, provided that the provisions hereof regarding termination of the employment contract and the notice period agreed upon in the contract are observed.
4. In case of the death of the employer, if the subject of the contract is related to its entity.
5. The death of the worker or full permanent inability to work, as proven by a certificate issued by the medical entity.
6. A final judgement issued against the worker by a freedom-restricting penalty for a period of not less than three months.
7. Closure of the establishment permanently, in accordance with the legislation in force in the State.
8. Bankruptcy or insolvency of the employer, or any economic or exceptional reasons that prevent the continuation of the project, in accordance with the conditions, rules and procedures specified by the Implementing Regulation and the legislation in force in the State.
9. The worker’s failure to fulfil the conditions for renewing the work permit for any reason beyond the control of the employer.
According to Article (44) of the new law, the employer may dismiss the worker without notice after conducting a written investigation against him or her and the dismissal decision shall be in writing and justified and the employer or its representative shall hand it over to the worker in any of the following cases:
1. It is proven that the worker impersonated or submitted forged certificates or documents.
2. The worker committed a mistake that resulted in gross physical losses to the employer or he or she deliberately damaged the properties of the employer and acknowledged the same, provided that the latter informed the Ministry about the incident within seven working days from the date of being aware of the occurrence of the incident.
3. The worker violated the instructions of the establishment’s by-law related to the safety of work and workers or the workplace, provided that they were written and hung in a visible place and the worker was informed of the same.
4. The worker did not perform his basic duties according to the employment contract and he or she continued breaching them despite conducting a written investigation against him or her for this reason and he or she was notified and warned of dismissal twice if this was repeated.
5. The worker disclosed a work secret related to industrial or intellectual property, which resulted in losses to the employer, missed opportunity or for achieving a personal benefit for the worker.
6. The worker was drunk during working hours, was under the influence of narcotics or psychotropic substances, or committed an act in breach of public morals at the workplace.
7. The worker assaulted, during work, the employer, manager in charge, one of his or her superiors or colleagues at work, by word, action or in any form of assault that is punishable under the legislation in force in the State.
8. The worker was absent without a legitimate reason or excuse accepted by the employer for more than 20 intermittent days during one year or for more than seven consecutive days.
9. The worker exploited his or her position in an illegal way to obtain personal results and gains.
10. The worker joined another establishment without abiding by the rules and procedures prescribed in this regard.
Question: I am a Muslim woman married to a Muslim man. My husband left me a year ago and I learned that he was outside the UAE. I have a three-year-old son from him. A month ago, my husband came back and told me to return to our marital home. I am currently living with my father and I do not want to go back to him. My question is: According to Islamic law, do I have the right to ask for a divorce, because he has been away from me for a year and without my knowledge?
Answer: According to UAE personal status law, Article 117:
1. Each of the two spouses is entitled to ask for divorce due to prejudice that would make the continuity of the friendly companionship between them impossible. The right of each of the spouses thereto shall not be forfeited unless their reconciliation is established.
2. In accordance with Article 16 of this Law, the Family Orientation Committee shall endeavour reconciliation between the two spouses and, in case of failure, the judge shall propose reconciliation to the spouses. If this reconciliation is not possible and the prejudice is established, the judge shall order divorce.
(The explanatory note to the aforementioned personal status law gives the right to a wife, whose husband is absent from her and moves to a known domicile and place of residence, to ask for a divorce in absence, even if he apparently has money from which alimony can be collected. But since he has returned, you should file a divorce case on the bases of Article 117, as mentioned above, particularly because it seems that he did this purposely, without informing you, and the court will take a decision according to the circumstances of the case.
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The wife has undoubtedly been harmed by the absence of her husband from her because she felt lonely and might have been exposed to sedition. The harm in that case would be greater than the harm by word or deed. There is no harm in Islam, as Article 42 of the UAE Civil Transactions Law States (No prejudice caused and no harm inflicted.).
The absence of the husband is not a gracious restraint or good treatment. There is no difference here between whether the husband had money or not. Leaving the wife and residing in another country without informing her, with the intention of abandoning her and reveals harmful intent towards the wife.