Can a convicted employee in UAE still get end-of-service benefits?

Question: I am a company owner. Four months ago, I filed a report with the Public Prosecution against an employee for disclosing information and stealing money from the company. Currently, a ruling has been issued by the criminal court against this employee convicting him. In this situation, does the employee stand to lose his end-of-service benefits? What is the appropriate action to take against this employee to force him to return the money he stole, in addition to compensation? Should the lawsuit be filed before a labour court or a civil court?

Answer: Article 44 of Federal Decree Law No 33 of 2021 allows an employer to dismiss a worker without notice after conducting a written investigation in case the worker disclosed sensitive information related to industrial or intellectual property, which resulted in losses to the employer, missed opportunities or achieved a personal benefit for the worker.

As for his end-of-service benefits, it is a matter for the court to decide. You have to file a claim before the labour court to recover the stolen money and request for compensation. The labour court has jurisdiction over all labour disputes.

Article 54 of the Labour law states that if an employer, worker or any beneficiary thereof has a dispute concerning any of the rights entitled to any of them under the provisions of this decree, he/she is required to apply to the Ministry of Human Resources and Emiratisation, which shall examine the application and take measures to settle the dispute amicably.