Unfair dismissal or arbitrary termination takes place from an employer end when he pressurizes him to resign without any legitimate reasons or terminates him against the specific rules and regulations of employment set by the government and the organization itself. This unfair and unlawful dismissal is against the labor laws, and employees can take legal action against the employer. The concerning employee can file the claim against this arbitrary dismissal with the help of legal consultants.
According to labor laws, you can file the claim against the unfair dismissal and if you are forcefully terminated for the following reasons:
⮚ If an employee requests for his right mentioned in employment contract and law
⮚ If an employee takes action on the workplace’s health and safety environment
⮚ Disclosure of any information related to contraventions in the workplace
⮚ Maternity Leave
An employee can file the claims in case of arbitrary and unlawful dismissal if an employer and organization violate the rules and commits something which qualifies the breach of a contract resulting in unfair termination of the employee. The acceptable reasons in law for filing the claims are:
⮚ When an employer makes unjustified changes in workplace settings and working conditions-such as timings
⮚ Violating the contract and removing the essential benefits
⮚ When an employer fails to provide necessary support related to work duties
⮚ When an employer fails to provide a safe and healthy working environment
⮚ Demotion without any valid reasons and justification
⮚ When an employer denies and fails to provide employee remuneration
⮚ When an employer refuses and fails to act against any harassment and workplace bullying at the workplace
According to the labor law of UAE under Article 122; the unlawful and arbitrary termination is defined as when the employer terminates an employee or force him to resign for the reasons that are not related to his job performance or when the employee files a complaint against the employer and he is forced to resign on basis of that complaint. However, according to the labor laws of the UAE, there are few conditions when an employer can terminate an employee without notice and is considered lawful. The conditions include:
⮚ When an employee submits forged documents and assumes a false identity
⮚ When an employee commits such error, which results in the colossal and material losses to employer and workplace
⮚ When an employee is under probation period
As per Article 123 Labor Law in UAE, the court will order an employer to pay all the compensations and claims to employees, if an employer is proven guilty and unlawful arbitrary dismissal has been proven against him. The court access and keeps into account all other factors before deciding the extent of damage incurred to an employee, the type of work environment and the employment period. The amount of damage an employee receives must not exceed his three months’ pay. Along with all other benefits and compensation, the employee can also claim his gratuity, unpaid dues, and all other benefits he is entitled to. In UAE, the terminated employee is granted the grace period of 30 days in case the concerned person is on a work visa to obtain a new work permit or leave the country.
Arbitrary dismissal is a complex process and one needs to seek legal services and legal assistance to file all claims and go through the procedure. Our legal team of experts and lawyers will help you to gather relevant information, evidence, and proofs to show that the employer has committed the breach of employment which has resulted in the unlawful termination and dismissal of employees. You as our client can expect professional service, support, and attention irrespective of your job rank. We provide legal services to all our clients from junior executives to CEOs and protect their interests. Our lawyers in UAE can guide you in this stressful situation and our labor law services contain a full range of spectrum of unlawful termination cases. Our legal team of experts makes sure that you are fully aware of your all rights and compensations for which you can make claims. From the very start of the investigation we guide you for registering the complaint and moral and legal support for going through the court proceedings and court settlement. Our legal consultants can also achieve favorable results on negotiating terms to reduce your stress and anxiety in this unfavorable situation. Before taking any action against your employer and claiming compensations and other benefits, seek legal assistance and advice from our lawyers. Our team of legal advisory is just one phone call away and can help and guide you to claim proper compensation for a plan and settlement.