Under the United Arab Emirates (UAE) Labour Law, specifically Article 44 of Federal Decree-Law No. 33 of 2021, employers are permitted to terminate an employee without prior notice under certain conditions.
These provisions aim to balance the rights of both employers and employees by clearly defining instances of gross misconduct that justify immediate dismissal.
Here is an updated and comprehensive list of grounds for termination without notice, along with elaborations for each:
1. Falsification of identity or documents
If an employee assumes a false identity or nationality, or submits forged certificates or documents, the employer has the right to terminate the employment contract without notice. This includes falsifying academic qualifications, work experience, or any other credentials. Such actions are considered a breach of trust and integrity.
2. Probation period dismissal
An employer may dismiss an employee during or at the end of the probationary period without notice. This allows employers to assess the suitability of an employee for the role during the initial period of employment.
3. Causing material loss to the employer
If an employee commits an error resulting in substantial material loss to the employer, the employer can terminate the contract without notice.
However, the employer must report the incident to the Ministry of Human Resources and Emiratisation (MOHRE) within seven working days of becoming aware of the incident.
4. Violation of workplace safety instructions
Disobeying instructions related to industrial or workplace safety can lead to immediate dismissal, provided these instructions are in writing, displayed in a conspicuous place, and, for illiterate employees, explained orally. This ensures that all employees are aware of safety protocols.
5. Failure to perform basic duties
If an employee fails to perform their basic duties as stipulated in the employment contract and continues to do so despite a written investigation and two warning letters, the employer may terminate the contract without notice.
6. Disclosure of confidential information
Revealing any confidential information of the employer, including trade secrets or proprietary data, can result in immediate dismissal. The disclosure must have caused material loss, loss of opportunity, or provided a personal benefit to the employee.
7. Conviction for offenses involving honor or public morals
If an employee is convicted by a competent court for an offense involving honor, honesty, or public morals, the employer has the right to terminate the employment contract without notice. This upholds the integrity and reputation of the workplace.
8. Intoxication during working hours
Being found in a state of drunkenness or under the influence of drugs during working hours is grounds for immediate dismissal. This ensures a safe and productive work environment.
9. Assaulting employer or colleagues
If an employee assaults the employer, the responsible manager, or any of their colleagues during working hours, the employer may terminate the contract without notice. This includes physical or verbal assaults.
10. Unauthorized absence
An employee who is absent from work without a valid reason for more than 20 non-consecutive days or more than seven consecutive days in a year can be dismissed without notice. This ensures reliability and commitment in the workforce.
11. Abuse of position for personal gain
If an employee exploits their position to obtain personal gains or profits, the employer has the right to terminate the contract without notice. This includes accepting bribes or unauthorized benefits.
12. Working for another employer without proper authorization
Joining another establishment without following the applicable procedures, such as obtaining necessary permissions or during periods of leave, can lead to immediate dismissal. This ensures compliance with employment regulations.
Note: Under the current UAE Labour Law, even if an employee is dismissed without notice for the above reasons, they are still entitled to receive their end-of-service gratuity. This marks a significant change from previous legislation, which allowed employers to forfeit this benefit under certain conditions.
Understanding these provisions is crucial for both employers and employees to ensure compliance with the law and to protect their respective rights and obligations in the workplace.