Abu Dhabi: The UAE Government has, in an update, confirmed that an employer has the right to terminate and cancel the employment contract of an employee working for him under a set of clearly defined circumstances.
The latest update has outlined the following instances in which this can be done:
- If the worker assumes a false identity or nationality, or submits forged certificates or documents.
- If the worker commits an error that results in a significant material loss to the employer, or if the worker intentionally damages the employer’s property and acknowledges this, provided that he notifies the Ministry of Human Resources and Emiratisation of the incident within seven days from the time he becomes aware of its occurrence.
- If the worker violates the instructions of the facility’s internal regulations regarding the safety of work and workers or the workplace, provided that these instructions are written, posted in a "visible place", and the worker has been informed of them.
- If the worker does not perform his basic duties according to the employment contract, and fails to do so despite a written investigation being conducted for this reason, and he is warned twice of dismissal, and the same is repeated.
- If he discloses a secret of the establishment in which he works, and the disclosure is related to industrial or intellectual property, or results in losses to the employer, or loss of opportunity for him, or brings a personal gain to the employee.
- If he has been convicted by a competent court of a crime affecting honour, honesty or public morals.
- If he is found during working hours in a state of obvious drunkenness, or under the influence of a drug, or commits an act that violates public morals in the workplace.
- If, during work, he assaults the employer, the responsible manager, one of his superiors or colleagues at work, whether by word or deed, or any form of assault punishable by law in the country.
- If the worker is absent without a legitimate reason, or an excuse accepted by the employer, for more than 20 intermittent days during one year, or more than seven consecutive days.
- If an employee exploits his job position in an illegal manner to obtain personal gains.
- If the worker joins another establishment without adhering to the controls and procedures established in this regard.
According to the Digital Government, an employer may terminate an employee’s contract without notice according to Article 44 of the Federal Labour Law in the UAE under specificied conditions.
Either party to the employment contract may terminate it for a legitimate reason, provided that the other party is notified in writing, continues to implement the contract during the notice period, and is committed to the consequences of termination.
The Digital Government has confirmed that in order to dismiss an employee without notice, the dismissal must take place after conducting an investigation which must be communicated with him in writing. The dismissal decision must be in writing, reasoned and delivered by the employer or his representative to the employee.
