Suspended from work-what reasons are required? – Guest Post

Employers in the private sector are now required to provide employees on probation a 14-day written notice before firing them, according to new labor regulations. On February 2, 2022, the new labor laws will take effect. According to Federal Law Number 33 of 2021, terminating an employee during a probation period, which should not exceed six months, must be done in writing 14 days prior to termination. The six-month probation period cannot be extended by the employer. Once the probation period has been successfully completed, employees must work under the condition of the contract, with the probation period being counted as part of the entire service.  Employees on probation must give one month’s notice if they want to change jobs. They must give a 14-day notice if they plan to leave the country while on probation.

Employees who leave the country without notice during their probation will be barred from acquiring a work permit for a year. If an employee wishes to terminate a limited-term contract before the end of the term, he must pay the employer early termination compensation of half of three months’ remuneration, including salary and allowances, or half of the remuneration for the residual period if the contract has less than three months to run, unless the employment contract provides otherwise. Additionally, if one of the parties breaks these terms, the offending party must compensate the other with a salary equal to regular workdays for the remainder of the notice period. Now employers are also prohibited from seizing employees’ official documents or charging them directly or indirectly for recruitment charges under the new law. You can also seek the help of lawyers to move legally and keep you safe. The Ministry of Human Resources and Emiratization (MoHRE) unveiled the new decree-law with the goal of protecting employee rights in the ever-growing labor market while also increasing flexibility and competitiveness.

An employee who has worked for one year or more is entitled to an end-of-service gratuity, which is computed as follows:

• For each of the first five years of service, you will be paid for 21 calendar days of basic pay.
• For each additional year, you will be paid for 30 calendar days of basic pay.
• As long as the overall remuneration does not exceed two years’ salary.

If an employee who has been terminated summarily for severe misconduct under the UAE Labour Law is not entitled to an end-of-service gratuity.

How may an employer terminate an unlimited-term contract?

In accordance with UAE Labour Law, an employment contract, whether restricted or unlimited, can be canceled without notice by either side. There are two basic ways for an employer to properly terminate an indefinite term contract under UAE labor law:

For a legitimate (i.e., performance-related) reason on notice (the UAE Labour Law stipulates a 30-day minimum notice period). However, the parties may agree in the contract to longer notice periods or with no choice and no endo-of-gratuity for one of the several grosses conducts causes stated under the UAE Labor Law Article 88 and 120.

How may an employee end an unlimited-term contract?

An employee can resign if he or she gives the employer the required notice time (which must be a minimum of 30 calendar days, or longer, as per the contract of employment). Alternatively, the employee may exercise his or her right to resign without cause under Article 121 of the above-mentioned statute.

The New Law keeps the concept of justifiable grounds for termination. The New Law does not clarify what constitutes a legitimate reason. Employers will most likely have to depend on the statute, which states that termination must be for good reason or it will be considered arbitrary. However, the New Law introduces the idea of Unlawful Termination. Any termination of an employment contract following the filing of a complaint with UAE authorities or the initiation of legal action against the employer is illegal, and the New Law stipulates that the employer be compensated if this occurs.

Termination justification

A limited contract can be canceled for any of the reasons:

• if the contract’s term expires and is not renewed.
• if both the employer and the employee agree that it should be terminated.
• if a worker violates any of the provisions of Article 120 of the Labour Law, he or she will be fired.

Termination of contract without the employee’s knowledge

If the following requirements are met, an employee has the ability to end an employment contract without giving notice:

• The employer has breached his or her legal or contractual commitments to the employee (for example, if he fails to pay wages for a period exceeding 60 days).
• The employee has filed a lawsuit against an employer who has failed to secure the worker’s employment (for example, in case of a business shutdown or for more than two months, the firm has remained inactive.
• The worker wins the final verdict in a labor complaint referred to the labor court by MoHRE