Article 120 of UAE Labour Law gives certain rights to both employees and employers and covers every aspect related to employment. The UAE Labour Law is not limited to contracts, working hours, vacations, and protection of domestic workers and expats. Moreover, Article 120 is the most important aspect of UAE Labour Law as it talks about the termination of employment contract, all the possible ways an employer can terminate an employee, and the conditions employees should follow to avoid getting fired from work.
Brief Description of Article 120 of UAE Labour Law
Article 120 was amended in 1980 under the UAE Federal Labour Law no. 8. As per this article, employees have to abide by certain rules and regulations. Although the workers have rights, one must know the workplace rules and their responsibilities. Failure to do so can lead to termination as one may have no idea what is legal and what is terminable.
If you are working in the UAE and have ambiguity regarding offences that could risk your job, this post is going to serve as a guide for you. After reading this post, you will have a better knowledge of the terminable offenses in the UAE.
Conditions for Employment Termination
An employer in the UAE can terminate an employee when:
- The employee takes over a false identity or nationality.
- They provide fake/forged documents and certificates.
- They are guilty of committing a fraud leading to a huge loss for the employer. The employer is liable to inform the labour department within 48 hours of getting information about the incident.
- The employee fails to adhere to safety and workplace instructions. These rules and regulations should be displayed within the premises so they are visible to everyone. In case the employee is illiterate, it is the responsibility of the company to communicate these rules and regulations verbally to them..
- The employee performs his job duties and responsibilities at work poorly. Furthermore, they also refuse to correct their behaviour after repetitive warnings and interrogation that inform them about termination if the practice continues.
- The court convicts the employee for committing a crime against honestly, honour, or public morals.
- When the employee gives up the employer’s confidential or sensitive information.
- When the employee is under alcohol or substance influence or doing drugs during working hours.
- In the case they are absent without any valid reason for more than 20 non-consecutive days in a year.
- When the employee does not show up at work, without any valid reasons for more than 7 consecutive days.
The employer possesses the right to dismiss a worker who commits any of these offenses. The employee has no option but to obey what the law states unless they have a valid reason for their actions.
When your employer fires you under the UAE Labour Law Article 120, you won’t be getting any benefits except that you will be getting your pay till your last working day at your company. You will not get gratuity EOSB for the time served. Your pending leaves are going to get cancelled, but you will get a one-way air ticket to get back home.
What To Do If You Are Fired?
There is little that you can do if you lose your job due to committing an offence from the Article 120 of UAE Labour Law.. The rules and scenarios are clear. And the Ministry of Labour takes them very seriously. So, you must familiarize yourself with the offenses that can risk your job. If you are careful and tactful, you can avoid these offenses quite easily.
For example, when you take leaves, you must inform your employer so that he can arrange a backup and there is someone else to take over your duties. If you fail to do so, the employee can dismiss you under the UAE Labour Law. Similarly, corporate espionage is a serious offence. You may come across important information regarding your business. It is confidential and should remain that way. If you leak that information on a public forum or to a rival for money, and your employer finds out about it, forget about your job.
Wrapping up, if you commit any of these offenses, it should be clear and with proof. If you have not done any of the above-mentioned offences, and still lose your job, you can complain to the Ministry of Labour.