10 cases will get you fired... without notice, on leave

An employee working in the UAE cannot be terminated from his services while he is on annual leave.

If an employer does dismiss a member of his staff while s/he is officially on leave, it may be considered an arbitrary dismissal and the affected employee can take course to legal action.

“It is not permissible to dismiss or serve notice on an employee during annual leave. Where an employer does dismiss or serves notice, it will be possible to challenge the dismissal or notice as being void,” Jamie Liddington, head of employment at Hadef & Partners, told Emirates 24|7.

However, Liddington adds if “the reason for termination is one of the ten reasons set out under Article 120,” the employer can act against his member of staff.

If the employer terminates the contract for reasons that are outside Article 120 of the Labour Law, he will be liable to pay compensation to the employee. This compensation will vary according to whether the employee was employed on a fixed or unlimited term basis.  Where the employee was employed under an unlimited term contract, the compensation is at the discretion of the Court but shall be limited to a maximum of three months’ wages. 

Where the employee was employed under a fixed term contract, the compensation shall be equal to the lesser of the wages due for the remainder of the fixed term or three months’ wages, unless otherwise stipulated in the contract.

As per the website www.laborlaw.com in Article 120 the employer may dismiss the employee without notice in the following cases:

#1 If the employee assumes a personality or a nationality other than his own, or has submitted fake documents or certificates.

#2 If the employee was appointed under probation and the termination happened during that period or at its end.

#3 If the employee commits a mistake causing the employer a substantial financial loss, provided the employer informs the Ministry of the incident within 48 hours.

#4 If the employee violates instructions relating to safety in the place of work, provided those instructions were written and displayed in a permanent place, and the employee has been informed of these instructions orally if he is illiterate.

#5 If the employee fails to carry out his basic duties as stated in the contract and continues to do so in spite of a written interrogation and a warning that his service will be terminated if he repeats his misconduct.

#6 If he discloses a secret of the establishment for whom he is working.

#7 If he is conclusively convicted by the concerned court of a crime involving honour, honesty and public morals.

#8 If he is found drunk or intoxicated by drugs during working hours.

#9 If he commits a physical assault on the employer or manager or one of his colleagues during work.

#10 If he becomes absent without a legitimate reason for more than 20 intermittent days or more than seven continuous days within one year.

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