Article 122 UAE Labour Law Arbitrary Termination

As a major center for trade, business, and other employment-generating activities, the UAE comprises a wide range of labor relationships. Therefore, employment-related disputes are one of the most common legal concerns that UAE residents deal with. For instance, the arbitrary dismissal that the article 122 of the UAE Labour Law covers is one of them.

In this article, we will be talking about the arbitray termination in the UAE Labour Law. The UAE Labour Law contains clauses that clearly outline an employee’s rights. Also, it provides available options if they believe their employer is letting them go unfarily. One of these clauses is the article 122 of UAE Labour Law.

Arbitrary termination

article 122 of the UAE Labour Law

Private firms in the UAE must abide by the Federal Law No. 8 of 1980 (UAE Labor Law). This law is the country’s primary statute governing employment-related issues. All potential disputes between the company and employee are under the Labor Law.

The UAE’s labor regulations are extremely accommodating towards workers. An arbitrary dismissal would occur if an employer fired a worker without providing them with a warning letter or notice, or forced them to resign without good cause. According to UAE Labour Law Article 122, a worker’s termination by their employer for a cause unrelated to their job is an “arbitrary termination.”

Unfair termination refers to the act of an employer choosing to let an employee go without a good reason. This kind of excuse generally violates the rules in the Article 122 UAE Labour Law. As a result, the law sees it as an arbitrary termination. Allowing staff members to file a complaint or legal action. This, before the labor courts in order to obtain damages for the arbitrary dismissal. However, it is important for all employees to comprehend the circumstances in which your firing can be arbitrary.

Labour Law Article 122: What you need to know

article 122 of the UAE Labour Law

According to Article 122 UAE Labour Law 2022, if an employee is let go for a cause that is either unreasonable or not relating to their job, they have the right to file a complaint with the employer for wrongful termination. In this regard, it is crucial to keep in mind that the term “arbitrary” is ambiguous. Additionally, the article 122 UAE Labour Law 2020 does not specify the circumstances under which any termination will be arbitrary.

The MOHRE receives notification immediately of any loss in the company if an employee is let go for this reason. Likewise, if the company fails to do so, the employee will be able to file a claim for arbitrary termination of employment. These are just a few of the cases labor lawyers have seen in the past. Also, these are punishable according to the article 122 of the Labour Law.

Second, a reduction in the employee’s position and pay is arbitrary dismissal, entitling the employee to file a complaint. However, the court’s decision in this matter is entirely at its discretion regarding the UAE Labor Law Article 122. depends on a number of factors that your employment lawyer can explain to you.

In a different scenario, the employer might coerce the worker into serving their notice of resignation by abusing their power. If the employee can demonstrate these threats through the testimony of witnesses or through documentary proof, the court may grant the employee’s request for a judgment.

UAE Labour Law Gratuity Article 122

Three months’ compensation according to the last full wage withheld by the employee may be awarded as the highest level of gratuity in circumstances of proven arbitrary dismissal. The court may also count any additional bonuses that the employee receives throughout the course of his work as part of his monthly wage. However, the court will also take into account the cost of starting the legal process when determining the amount of compensation.

Additionally, Articles 88 UAE Labour Law and Article 120 permit the employer to terminate an employee in its whole.

If you want to know more about the laws about employment UAE, you can go to our blogs section. Furthermore, if you need advice on Article 122 Labour Law, you can get in touch with a legal advisor.

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