Question 1: I am a manager at a medical centre. Does an employer have the right to terminate an employee without notice?
Answer 1: As per the Federal Law No (8) of 1980, Article No. 120 which mentions the following:
An employer may dismiss a worker without notice in any of the following cases”
a- If the worker adopts a false identity or nationality or submits forged certificates or documents
b- If the worker is engaged on probation and is dismissed during the probation or on its expiry
c- If the worker makes a mistake resulting in substantial material loss for the employer, on condition that the latter notifies the labour department of the incident within 48 hours of his becoming aware of its occurrence
d- If the worker disobeys instructions respecting industrial safety or the safety of the workplace, on condition that such instructions are in writing and have been posted up at conspicuous place and, in the case of an illiterate worker, that he has been acquainted with them orally
e- If the worker does not perform his basic duties under the contract of employment and persists in violating them despite the fact that he has been the subject of written investigation for this reason and that he has been warned that he will be dismissed if such behaviour continues
f- If the worker reveals any secret of the establishment in which he is employed
g- If the worker is finally sentenced by a competent court for an offence involving honour, honesty or public morals
h- If the worker is found in a state of drunkenness or under the influence of a drug during working hours
i- If while working, the worker assaults the employer, the responsible manager or any of his work mates
j- If the worker absents himself from work without a valid reason for more than 20 non-consecutive days, or more than seven.
Action taken to terminate an employee under any other circumstances will be considered against the Labour law.
Question 2: I lost my job six months ago and have left the UAE to my country. I did not get my end-of-service benefits, and the banks have filed a civil case against me for credit card loan in the court. The bank is not willing to negotiate with me to settle the amount at a reasonable offer; the interest amount the bank is asking is big. I offered to pay 50 per cent from the total credit card amount but the bank rejected my offer. What can be done to close this issue? I am not in the UAE right now, and due to the current situation I cannot come to UAE. The loan is guaranteed by an insurance company. The bank does not want to take it up with the insurance company and is only coming after me. Please advise.
Answer 2: If the case is already in court, the only option that the questioner has is to appoint an advocate to prove to the competent court that the loan is insured. The lawyer should file a case against the insurance company. It should be included in the same case filed by the bank. If the judgement is in favour of the questioner, the court will order the insurance company to repay the loan.