The UAE Labour Law regulates employment in the private sector. For this reason, both employers and employees have to understand its provisions. In particular when it comes to termination, so they can comply with the regulations.
Therefore, when an employer wants to terminate the employment relationship with the employee, it has to follow Article 120 of the UAE labour law.
Article 120 refers to the reasons why an employer may dismiss an employee without notice.
Also, it is worth mentioning that federal law no. 8 of 1980 amended Article 120 of UAE labour law.
So, according to the UAE labour law article 120, we have several reasons. The employer may dismiss a worker without needing to comply with the notice period in the following cases:
- The employee adopts a false nationality or identity or submits false documentation or certificates
- During the duration of the probation period or in its expiry, following the uae labor law article 120
- When occurs a considerable material loss due to the employee’s mistake or fault. However, according to Article 120 uae labour law, the employer must first notify the Ministry of Labour. But, it has to be within 48 hours of being aware of the incident.
- As per Article 120 uae labour law 2022, the employer may dismiss the employee if he or she does not follow the instructions established regarding safety in the workplace or industrial safety. Nonetheless, the instructions must be in writing in a visible place. However, if the worker is illiterate, he or she must be made aware of the rules orally.
- When the employee does not carry out the basic tasks and duties outlined in his or her employment contract. But first, the employer has to inform the employee. It has to be about the potential dismissal if he or she continues violating the rules and that will be subject to a written investigation.
- If the employee discloses secret or private information about the establishment where he or she works. This is according to labour law article 120.
- The worker is set to be judged or convicted by a competent court regarding an offence related to public morals, honour or honesty.
- If, during working hours, the employee proves to be under the influence of alcohol or any other drug. As per Article 120 uae labour law 2020.
- If the employee assaults any of his or her co-workers or managers during working hours. Under Article 120 labour law.
- If the worker is absent from work for more than 20 days (non-consecutive) or more than 7 consecutive days, without providing a valid reason, in one year.
Lastly, article 88 uae labour law also mentions that the employer may dismiss an employee without notice if he or she is found working for another employer during the annual leave or sick leave.
Therefore, according to the provisions of Article 120 of the labour law, it is lawful for an employer to dismiss an employee without notice if any of the aforementioned cases is occurring.
Nonetheless, there are no mentions of severance pay in the UAE labour law gratuity article 120.