TERMINATION OF CONTRACT WITHOUT NOTICE BY THE EMPLOYER
Article 44 of the UAE Labor Law outlines the specific conditions under which an employer in the United Arab Emirates is allowed to terminate an employee's services without prior notice. They are as follows:
1. Adopts a False Identity or Submits Forged Documents or Certificates: If an employee uses a fake identity or provides counterfeit documents or certificates during the hiring process, this is considered a breach of trust and integrity. In such cases, the employer has the right to terminate the employee's services without notice.
2. Commits an Error Causing Substantial Material Loss to the Employer or Deliberately Damages the Employer's Properties: If an employee's actions result in significant financial loss to the employer or if they intentionally damage the employer's property and admit to doing so, the employer can terminate the employee without notice. However, it is important for the employer to report such incidents to the Ministry of Human Resources and Emiratisation (MoHRE) within seven working days of becoming aware of them.
3. Violates Safety Instructions: If an employee disregards safety instructions that have been clearly communicated, either in writing or verbally, and this leads to safety issues for themselves, their colleagues, or the workplace, the employer can terminate their services without notice.
4. Fails to Perform Basic Duties Under the Employment Contract and Persists in Violating Them Despite Warnings: If an employee consistently fails to fulfill their basic job responsibilities, even after being warned twice about possible dismissal, the employer is authorized to terminate their services without notice if the same behavior is repeated.
5. Divulges Establishment Secrets Resulting in Losses or Personal Benefit: If an employee reveals confidential information or trade secrets of the employer, and this action leads to losses for the company or provides the employee with personal gain, the employer can terminate their services.
6. Found to Be Drunk or Under the Influence of Prohibited Drugs During Working Hours: If an employee is discovered to be intoxicated by alcohol or under the influence of illegal drugs while on the job, the employer has the right to terminate their services without notice. Such behavior can pose risks to the workplace and affect job performance.
7. Commits an Action Breaching Public Morals at the Workplace: If an employee engages in actions that breach public morals or ethics in the workplace, their employment can be terminated without notice. This is to maintain a professional and respectful work environment.
8. Assaults the Employer, Manager, or Colleagues: If an employee physically assaults the employer, a manager, or any colleagues during the course of their work, the employer can terminate their services without notice. Such behavior is unacceptable and disruptive to the workplace.
9. Absence Without Lawful Excuse: If an employee is absent from work without a valid legal reason for more than 20 intermittent days or more than 7 consecutive days within one year, the employer can terminate their services without notice. Regular and unexcused absences can disrupt business operations.
10. Exploits Position Illegally for Personal Gain: If an employee abuses their position within the company to obtain personal benefits or gains that are not in line with the company's policies and procedures, the employer can terminate their services without notice.
11. Joins Another Establishment Without Abiding by Rules and Procedures: If an employee takes up employment with another establishment without following the necessary rules and procedures for secondary employment, the employer has the right to terminate their services without notice.
It's important to note that these conditions for termination without notice are defined by UAE Labor Law and must be adhered to by both employers and employees. For more understanding of the Laws or clarity for your enquiries, please feel free to get In touch with SALC Team.