9 legitimate cases of ending an employment relationship

11 cases in which the employer may terminate the employee's contract without notice

The digital government confirmed that either party to a work contract can terminate it for a legitimate reason, provided that the other party is notified in writing, continue to implement the contract during the warning period, and abide by the consequences of the termination. 

She stressed that the termination of the employee's service by the employer is considered illegal if the termination was due to the employee filing a serious complaint with the Ministry of Human Resources and Emiratisation, or filing a lawsuit against the employer, and it was proven to be true.

It identified 9 legitimate cases of termination of the employment contract, in accordance with Article 42 of Federal Decree-Law No. (33) of 2021 regarding the regulation of labor relations, the "UAE Labor Law", as the employment contract ends in any of the following situations: 

The agreement of the two parties to terminate it The

expiry of the period specified in the contract Unless it is extended or renewed in accordance with the UAE Labor Law

at the request of one of the parties, provided that the provisions of the Labor Law regarding the termination of the contract are adhered to, and the warning period agreed upon in the contract, the

death of the employer if the subject of the contract is related to his person

, the death of the worker or his permanent and permanent inability to work, This is according to a certificate from the concerned health authority

Sentencing the worker by a final judgment with a penalty restricting freedom, for a period of no less than three months,

to permanently close the facility in accordance with the legislation in force in the UAE.

The bankruptcy of the employer, his insolvency, or any economic or exceptional reasons that prevent the continuation of the project in accordance with the conditions, controls and procedures specified by the executive regulations and the legislation in force. In the state,

the employee does not fulfill the conditions for renewing the work permit for any reason beyond the control of the employer.

She pointed out that according to Article 43 of the Labor Law, either party to the contract may terminate the employment contract "for any legitimate reason", provided that the other party is notified in writing, and the contract implementation continues during the warning period, which should not be less than a month and not exceed three months.

In addition, the two parties to the contract must abide by the following: The work contract continues for the duration of the warning period, and ends with its expiry, and the employee is entitled to his full wages for that period according to the last wage he was receiving, and the party who did not abide by the warning period must pay the other party a compensation called “warning allowance.” And this provision applies even if the failure to warn does not result in harm to the other party, and the warning allowance is calculated according to the last wage received by the employee. else.

She pointed out that it is permissible to agree to exemption from the warning condition or reduce its duration while preserving the employee's full rights for the warning period agreed upon in the work contract, and it is stipulated that the warning period be one for both parties unless it is in the interest of the employee.

As for the termination of the contract by the employer without the need for a notice of termination, she indicated that Article 44 of the Federal Labor Law in the UAE states that the employer may terminate the employee’s contract without notice, in 11 cases:If the worker impersonates a false identity or nationality, or submits forged certificates or documents, if the worker commits a mistake that results in a serious material loss to the employer, or if the worker deliberately damages the employer’s property and acknowledges it, provided that he informs the Ministry of Human Resources and Emiratisation of the incident within seven days from At the time of his knowledge of its occurrence, if the worker violates the instructions of the internal system of the facility related to the safety of work and workers, or the workplace, provided that these instructions are in writing, hung in a conspicuous place, and that the worker has been informed of them, if the worker did not perform his basic duties in accordance with the work contract, and continued violating it despite conducting a written investigation with him for this reason, and warning him twice of dismissal, if this 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 a lost opportunity for him , or bringing personal interest to the employee, if he was finally sentenced by the competent court in a crime involving honor, orHonesty, or public morals, if he was found during working hours in a state of apparent drunkenness, or under the influence of a drug, or committed an act contrary to public morals in the workplace, if during work he assaulted the employer, the manager in charge, one of his superiors or colleagues at work. Work, whether verbally or deed, or any form of abuse punishable by the state, if the worker is absent without a legitimate reason, or an excuse accepted by the employer for more than twenty intermittent days during one year, or more than seven consecutive days, the employee exploiting his job position in a manner Unlawful for personal gain, the worker joining work with another facility, without complying with the established controls and procedures in this regard.

She pointed out that the dismissal of the worker without warning is required to take place after conducting a written investigation with him.

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