Ask the Law

A reader from Dubai asks: I have worked for a company for more than two years. Two weeks ago, I received a termination letter from the employer pointing that my termination is as per Clause No 120 of the UAE Labour Law with immediate effect and without a notice period. When I asked about the notice period they told me that the termination is as per Clause No 120. For your information I did not commit any wrong act. Please can you clarify this clause in detail and what would you advise? I am sure that the company wants to terminate my service without any rights. They have asked me to sign a letter saying I have received all my rights. I have not signed the letter but if I don't sign they are going to put in a one-year ban.

To answer this question, I would like to clarify to the questioner that Article No 120 of the UAE Labour Law says 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 probationary 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 workmates.

J- If the worker absents from his work without a valid reason for more than 20 non-consecutive days, or more than seven consecutive days.

Therefore I advise the questioner not to sign any letter provided by the company and to make an immediate complaint to the Labour Office in this regard.

Court may accept request

The questioner from Dubai asks: I am a Muslim lady married to a Muslim from another country and we got married two years ago. At present, I filed a divorce case against my husband with the Sharia Court in Dubai and asked the judge to impose the UAE Sharia Law for my case. The reason I made this case is that my husband doesn't give me the necessary family expenses and always insults me and says bad words. In the First Hearing he did not attend and the hearing was adjourned. Now, my husband has told me that he is going to attend the next hearing and ask the judge to impose his country's Sharia Law. My question is does my husband have the right to ask the same? Will the judge accept his request? I would prefer the court to impose the UAE Sharia Law. Please clarify.

To answer this question: I would like to clarify to the questioner, as per the law, the husband has the right to request the Sharia Court to impose his country's Sharia Law. And the Court may accept his request.

Employer bound by letter

A reader from Dubai asks: We read the articles in the Gulf News regarding UAE Labour Law issues. I have a few questions regarding this.

1) The company has signed the labour contract but didn't give us any agreement copy. Is this legal or not?

2) The company is opening a new branch in Ajman, but currently I am working in Dubai. The working culture in Dubai and Ajman is very different.

There is accommodation and other problems. According to my appointment letter they offer HRA but are refusing to give HRA.

So can I resign from the job on this ground? I am working in the Dubai private sector. The company has signed one letter saying that if you leave the job before the end of your contract you have to pay Dh9,000. Is this legal?

Currently I have completed eight months with the company. If I resigned, what are the actions the company can take against me?

I would like to clarify to the questioner that he may obtain a copy of the employment contract upon reviewing the ministry as well as the typing offices which deal with the Ministry of Labour. Failure of the employer to give the questioner a copy of his employment contract is contrary to the law. As for the answer on questions numbers (2-3) I would like to state that the employer is bound by what is contained in the appointment letter. If the employer failed to apply what is stated in said letter, the questioner shall file a complaint before the Ministry of Labour in this regard. With regard to the penalty clause of imposing Dh9,000 on the questioner if he terminates the contract pre-term, if the questioner's contract is limited, in this case by law, he shall compensate the employer of a period not exceeding 45 days from his salary, or the remaining period of the contract. But if said contract is for an unlimited period and he has not violated the law, such clause will be at the competent court's discretion, as the latter might reject such clause on the basis that it is against the worker and in accordance with UAE Labour Law article 7, which states: "Any stipulations contrary to the provisions of this law, even if it was made prior to its commencement, shall be null and void unless they are more advantageous to the worker".

Anyway, I would like to advise the questioner not to submit his resignation now as he has only completed eight months. If he submits his resignation, the employer might request the Ministry of Labour to impose a one-year ban.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.