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In the United Arab Emirates' (UAE) emirate of Sharjah, wrongful termination pertains to workers who are unjustly terminated or forced to resign. This is often due to discriminatory reasons, a breach of contract, or retaliation from the employer. It is essential for residents to know that UAE employment laws provide security and recourse in such situations.
While some cases of wrongful termination may seem straightforward, the process of seeking recourse can become complex. Legal counsel can help navigate the intricacies of UAE's Labour Law, and provide guidance to establish the proof needed for a successful claim. Instances that may necessitate legal help include discriminatory firing, termination due to complaints about health or safety conditions, or terminations that breach employment contracts.
Local laws such as the UAE Labour Law provide protections against wrongful termination. Specifically, articles 122 and 123 of this law outline the conditions under which an employee's termination could be considered arbitrary or unlawful. These laws also detail compensation entitlements if an arbitrary termination is established. In general, the Sharjah Courts enforce these laws, and arbitration is sometimes used as a method of dispute resolution.
Wrongful termination typically involves dismissals due to discriminatory reasons, retaliation by the employer, or breach of contract. UAE law specifically highlights arbitrary dismissals as wrongful terminations.
If the court upholds your case, you can expect to receive as much as three months' remuneration, including salary and benefits, as per UAE Labour Law.
Yes, if the initial judgment by the court does not uphold your claim of wrongful termination, you have the right to appeal the decision, a process in which legal counsel can be highly beneficial.
To file a wrongful termination claim, first lodge a complaint with the Ministry of Human Resources and Emiratisation. If a resolution does not occur, the case may then proceed to court.
While rehiring after wrongful termination is not mandated by UAE law, employers may opt to do so, particularly if court proceedings find in favor of the employee. Legal counsel can advise on job reinstatement as part of the resolution process.
The Ministry of Human Resources and Emiratisation is a valuable resource for individuals facing wrongful termination. It provides detailed information about employment laws and processes for filing grievances.
If you believe you've faced wrongful termination, consider consulting with a local employment lawyer who specializes in UAE Labour Law. They can help you understand the nuances of your case, and guide you through the steps necessary to pursue justice.
