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The wrongful termination law in Dubai, United Arab Emirates falls under the broader legal context of UAE Labour law. Wrongful termination or unfair dismissal, often pertains to unlawful terminations that contravene the provisions of the UAE Labour laws, which is aimed at protecting the rights of workers. These cases typically involve terminations that are carried out without a valid reason, without providing appropriate notice, or without paying adequate end-of-service benefits.
Seeking legal counsel may be necessary in cases where an employee believes they have been unjustly or illegally terminated. A wrongful termination lawyer can assist in understanding the intricate laws, rights and remedies available to workers under UAE labour laws. Other situations where one might require legal help include dealing with unjust termination due to discrimination, whistleblowing, refusing to partake in illegal activities, or even for merely pointing out the employer's non-compliant practices.
The UAE Labour Law has specific stipulations in place to regulate employment relationships. Primarily, an employer may not terminate an employee arbitrarily (Article 122, UAE Labor Law). For termination to be considered arbitrary, it must be unrelated to the employee's work performance. Furthermore, employers are required to provide a valid reason for termination and notify the worker at least 30 days in advance. If an employer fails to meet these requirements, the aggrieved employee may be entitled to compensation.
Any termination that contravenes the stipulations of UAE Labour Laws can be deemed wrongful. This includes terminations done without a valid reason, without providing notice or without paying appropriate end-of-service benefits.
Workers who have been wrongfully terminated may seek compensation or may request to return to their job. The court determines the compensation based on various factors including years of service, position, and sufferings of the worker.
Not always. Many wrongful terminations can be resolved through the Ministry of Human Resources and Emiratisation or through mediation and negotiation with the employer. However, if those avenues fail, you may have to take the matter to court.
Generally, you have up to one year from the date of termination to file a claim against wrongful termination.
In such cases, the employer is obligated to prove their claim in court. If they are unable to do so, the termination could be judged as arbitrary.
The following institutions may provide helpful resources: The Ministry of Human Resources and Emiratisation (MOHRE) for labour-related complaints; Dubai Court for filing a wrongful termination case; local legal aid and advice centres, and labour rights organizations.
If you believe you've been wrongfully terminated, it's crucial to first consult with a legal professional who specializes in labour law. This will help you understand your rights, possible remedies, and the process for advancing your claim. Ensure that you have all related documents, like employment contracts, termination notices, etc., at your disposal for this consultation and possible subsequent legal proceedings.
