11 cases allow employer to terminate employee's contract without notice

Gulf Today, Staff Reporter

The UAE Digital Government has stated that pursuant to the Article 44 of the UAE's Federal Labour Law, there are 11 cases in which an employer may terminate an employee's contract without prior notification. Either party to a labour contract may terminate it for a legitimate reason, provided that they provide written notice to the other party, continue to fulfil the obligations of the contract during the notice period, and adhere to the prescribed consequences of the termination.

Termination of contract without notice by the employer may happen in the following cases:

-    if the employee adopts a false identity or submits forged documents or certificates,

-    commits an error causing substantial material loss to the employer or if he/she deliberately damages the properties of the employer and acknowledged the same. Note that the employer must inform Mohre about the incident within seven working days from having knowledge of the same,

-    violates instructions concerning safety of the workers and the place of business provided that such instructions were displayed in writing at conspicuous places or verbally informed to an illiterate employee,

-    fails to perform his/her basic duties under the employment contract and persists in violating them despite warning him/her twice of dismissal, if the same is repeated,

-    definitively sentenced by a court for a crime prejudicial to honour, honesty or public morals.

-    divulges any secrets of the establishment resulting in losses or a missed opportunity to the employer, or achieving a personal benefit for self,

-    is found to be drunk or under the influence of prohibited drugs during working hours, or commits an action breaching the public morals at the workplace,

-    assaults the employer, the manager or any of his colleagues during the course of his work,

-    absents himself/herself without lawful excuse for more than 20 intermittent days or more than 7 successive days during one year,

-    exploits his/her position illegally to obtain personal results and gains,

-     joins another establishment without abiding by the rules and procedures in this regard.

The law stipulates that the employer may terminate without notice only after conducting a written investigation of the worker. The dismissal notice must be in writing, justified and handed over duly to the employee.

Termination of contract without notice by the employee

Meanwhile, the Article 45 of the UAE's Federal Labour Law states that an employee may terminate the contract without notice, if the employer:

-    fails to meet his/her contractual or legal obligations towards the worker, provided that the worker notifies the Mohre 14 working days before the date of quitting and the employer fails to rectify the breach despite being notified by Mohre of the same,

-    assaulted or harassed the worker at workplace, provided that the latter informs the competent authorities and the Mohre within five working days from the date on which he was able to report,

-     instructed the worker to perform a work fundamentally different from the work agreed upon in the employment contract, without the worker’s written consent on the same, except for situations where work is absolutely required and as explained in Article 12 of the UAE Labour Law,

-    failed to remove the factors that pose a grave danger and/or threaten the workers’ safety or health despite being aware of it. Article 26 of Cabinet Resolution No. 1 of 2022 on the Implementation Regulation of Federal Decree Law No. 33 of 2021 spells out circumstances of grave danger at the workplace.