Violations That Can Lead to Immediate Dismissal in UAE

Last Updated on July 9, 2024 by Vadim

Overview

The UAE Labour Law protects both employee and employer rights. Article 44 outlines specific violations that can result in immediate dismissal without prior notice.

Key Points:

  • Dismissal must follow a written investigation
  • The dismissal decision must be in writing and reasoned
  • The employer or their representative must provide the decision to the worker

10 Violations Leading to Immediate Dismissal

  1. False Identity or Documents
    • Assuming a false identity
    • Submitting fake certificates or documents
  2. Gross Material Losses
    • Causing significant financial damage to the employer
    • Employer must notify Ministry within 7 working days of discovery
  3. Safety Violations
    • Breaching workplace safety regulations
    • Rules must be in writing and visibly posted
    • Worker must have been previously advised of these rules
  4. Failure to Perform Duties
    • Not fulfilling main responsibilities as per employment contract
    • Failure to improve after written investigation and two warnings
  5. Divulging Business Secrets
    • Revealing industrial or intellectual property secrets
    • Must result in losses or missed opportunities for employer
    • Or lead to personal benefit for the worker
  6. Substance Abuse or Immoral Acts
    • Being drunk or under influence of narcotics during work hours
    • Committing acts against morals at the workplace
  7. Assault
    • Verbal, physical, or other forms of assault
    • Against employer, manager, supervisor, or co-workers
    • Must be punishable by UAE legislation
  8. Excessive Absence
    • More than 20 interrupted days in a year without legal cause
    • Or more than 7 consecutive days
    • Absence reason must be unacceptable to employer
  9. Abuse of Position
    • Using job position for personal gains or profits
  10. Unauthorized Employment
    • Joining another establishment
    • Without following prescribed procedures and controls

Important Considerations

  • Employers must follow proper procedures for dismissal
  • Workers have the right to appeal unfair dismissals
  • Documentation is crucial in dismissal cases
  • Seek legal advice if unsure about rights or procedures

Preventive Measures for Employees

  1. Maintain honesty in all professional dealings
  2. Adhere strictly to company policies and safety regulations
  3. Fulfill job responsibilities diligently
  4. Respect confidentiality agreements
  5. Maintain professional conduct at all times
  6. Follow proper leave application procedures
  7. Avoid conflicts of interest
  8. Seek clarification on unclear policies or expectations

Understanding these regulations helps both employers and employees maintain a fair and productive work environment.

Further Reading

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