My employer terminated me from service in August 2021. Despite repeated requests, they did not provide me with a list of reasons for termination in writing as per Articles 102 and 120 of the UAE Labour Law.
I was served a letter of termination, citing “administrative reasons”. The experience certificate issued to me was sub-standard and incomplete. My employer told me verbally that I had done something wrong and that’s why I was terminated.
Surely the company was in violation of the Labour Law by not offering me a chance to respond to the allegations? That means my termination was arbitrary and I believe I deserve three months’ salary as compensation.
I was paid my end-of-service gratuity, leave salary and pay for the notice period, but there was no extra compensation. Can I make a claim against the company? QI, Dubai
QI sent me copies of the termination letter and experience certificate. The termination letter is a little vague and I would have expected a better reason for dismissal, but the company has followed the law in all other respects.
QI is referring to clauses in the old Labour Law as his termination took place before the new Labour Law came into effect on Feburary 2, 2022. Article 102 refers to disciplinary rules and Article 120 cites reasons to terminate employment immediately, without notice, for wrongdoing of some kind.
If an employee was dismissed in accordance with Article 120, they would not have been paid for the notice period and their gratuity would have been forfeited. Given the payments made to QI, it is clear that his termination does not fall under Article 120 of the old Labour Law.
If QI did something wrong, and assuming the employer could have terminated him under Article 120, the company has behaved fairly by paying him in accordance with standard provisions under the law.
While the employer could have offered a clear reason for termination in writing, it did not act unfairly, and I don’t believe that QI has a case for arbitrary dismissal.
The compensation for arbitrary dismissal is up to three months’ salary and QI has already received a payment for a one-month notice period. He could claim up to two months’ salary if there was a valid case.
The labour court will also question why QI did not make a claim sooner as more than eight months have passed since the termination. Under UAE law, labour claims have a limitation period of one year.
When QI was issued the experience certificate, the old Labour Law, Federal Law No 8 of 1980, was in force.
“The employer shall give the worker, upon the request thereof and at the end of his contract, a certificate of end-of-service gratis in which the date of commencement and termination of the employment, the total duration of employment, the type of work performed, the last paid wage and supplements, if any, shall be mentioned,” according to Article 125 of the old labour law.
The experience certificate issued to QI did not mention a salary, but that is the only detail missing. It is written in a way that does not harm his future job prospects.
I work for a local company and am leaving Dubai in June. I will have worked there for nine months in June.
The employer is now asking for me to repay my recruitment fees in cash. I believe this is illegal, but do not want to deal with a lawsuit days before I leave.
What are my legal options? TR, Dubai
TR is right that the employer is not permitted to pass on any fees or charges incurred while hiring an employee, whether for the visa, work permit or recruitment charges.
Such a clause will never be added in the official employment contract lodged with the Ministry of Human Resources and Emiratisation (MoHRE) as it is not permitted.
This has always been the case. It was previously clarified in Ministerial Order 52 of 1989 and has now been included in the new Labour Law.
“The employer is prohibited from charging the worker for the fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly,” according to Article 6, clause 4 of the Labour Law.
The company in question is subject to this law. I suggest that TR point this out to them in the hope that the person she is dealing with is not fully aware of this clause.
If the employer insists on trying to reclaim this cost, TR can register a case against them with MoHRE, who will back her claim. She can either telephone them on 80060, or use the online chat function on the website.
Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information only
Conflict, drought, famine
Estimates of the number of deaths caused by the famine range from 400,000 to 1 million, according to a document prepared for the UK House of Lords in 2024.
It has been claimed that the policies of the Ethiopian government, which took control after deposing Emperor Haile Selassie in a military-led revolution in 1974, contributed to the scale of the famine.
Dr Miriam Bradley, senior lecturer in humanitarian studies at the University of Manchester, has argued that, by the early 1980s, “several government policies combined to cause, rather than prevent, a famine which lasted from 1983 to 1985. Mengistu’s government imposed Stalinist-model agricultural policies involving forced collectivisation and villagisation [relocation of communities into planned villages].
The West became aware of the catastrophe through a series of BBC News reports by journalist Michael Buerk in October 1984 describing a “biblical famine” and containing graphic images of thousands of people, including children, facing starvation.
Band Aid
Bob Geldof, singer with the Irish rock group The Boomtown Rats, formed Band Aid in response to the horrific images shown in the news broadcasts.
With Midge Ure of the band Ultravox, he wrote the hit charity single Do They Know it’s Christmas in December 1984, featuring a string of high-profile musicians.
Following the single’s success, the idea to stage a rock concert evolved.
Live Aid was a series of simultaneous concerts that took place at Wembley Stadium in London, John F Kennedy Stadium in Philadelphia, the US, and at various other venues across the world.
The combined event was broadcast to an estimated worldwide audience of 1.5 billion.
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THE CLOWN OF GAZA
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UAE currency: the story behind the money in your pockets
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Lexus LX700h specs
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UAE currency: the story behind the money in your pockets
UAE currency: the story behind the money in your pockets
Shooting Ghosts: A U.S. Marine, a Combat Photographer, and Their Journey Back from War by Thomas J. Brennan and Finbarr O’Reilly
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What can victims do?
Always use only regulated platforms
Stop all transactions and communication on suspicion
Save all evidence (screenshots, chat logs, transaction IDs)
Report to local authorities
Warn others to prevent further harm
Courtesy: Crystal Intelligence
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