Employment termination is a challenging aspect of professional life, and understanding the nuances of this process is crucial, especially during probationary periods in Dubai. The employment landscape in the UAE is governed by specific laws, and employees have rights and options even during the initial phase of their tenure. In this blog post, we will delve into the regulations surrounding employment termination in Dubai, focusing on employees’ choices and avenues during probationary periods.
Query: If terminated during my probation at a mainland company in Dubai, what are the rules and potential actions? Can I contest if I think it’s unjust, and what steps should I take?
Response: In the event of termination during the probation period at a mainland company in Dubai, the applicable regulations are outlined in Federal Decree-Law No. 33 of 2021 on Employment Relations and Federal Decree-Law No. 20 of 2023, which amends certain provisions of the former.
According to Article 9(1) of the Employment Law, an employer may terminate an employee during the probation period by providing a 14-day notice. However, the law is silent on arbitrary termination during this period.
If an employee believes their termination is unjust, they can file a complaint with the Ministry of Human Resources & Emiratisation (MoHRE) for amicable settlement. The MoHRE will attempt to mediate between the employee and employer. If no resolution is reached, the MoHRE may issue an order for claims below Dh50,000. If dissatisfied, either party can then approach the relevant court.
An employee terminated during probation can claim compensation if the termination is deemed arbitrary. Article 47 of the Employment Law stipulates that compensation is determined by the court based on factors such as the nature of work, harm caused, and length of service. The compensation should not exceed three months’ salary.
While the chance of compensation during probation may be limited, filing a complaint with the MoHRE is a viable step. Ultimately, the entitlement to compensation rests on the discretion of the MoHRE (for claims up to Dh50,000) or the court if the dispute is pursued in a legal setting.
Understanding Probationary Periods:
In Dubai, probationary periods are a common feature in employment contracts. These periods typically last up to six months and serve as an opportunity for both employers and employees to assess the suitability of the working relationship. During probation, employers have the right to terminate employment with a 14-day notice, as outlined in Article 9(1) of the Employment Law.
Employee Rights and Options:
- Filing a Complaint with the Ministry of Human Resources & Emiratisation (MoHRE):
- If an employee believes their termination is unjust or lacks a valid reason, they can file a complaint with the MoHRE.
- The MoHRE facilitates amicable settlements between the parties, aiming to resolve disputes without resorting to legal action.
- Mediation and Resolution:
- The MoHRE acts as a mediator during the complaint process, attempting to find a fair resolution between the employee and the employer.
- Employers are encouraged to provide evidence justifying the termination, and employees should present their case to support their claim of arbitrary termination.
- Ministry’s Order and Legal Recourse:
- If an amicable settlement is not reached, the MoHRE may issue an order for claims up to Dh50,000. This order is legally binding.
- Dissatisfied parties can escalate the matter to the appropriate court if the dispute exceeds the jurisdiction of the MoHRE.
- Compensation for Arbitrary Termination:
- Article 47 of the Employment Law allows employees terminated arbitrarily during probation to claim compensation.
- The court determines compensation based on factors such as the nature of work, harm caused, and the length of service. The amount should not exceed three months’ salary.
Navigating employment termination during probationary periods in Dubai involves understanding the legal framework and leveraging available options. Employees have rights, and avenues like filing complaints with the MoHRE and seeking compensation through legal channels provide a way to address unjust terminations. Being aware of these choices empowers employees to protect their rights and seek fair treatment in the challenging circumstance of employment termination during the probationary period.
