Dubai: If you are working in the UAE’s private sector, it is important to note that the UAE’s Labour Law lays down some clear guidelines for the conduct of workers, which should not in any way harm or be to the detriment of their employers.
Article 44 of the UAE’s Labour Law – Federal Decree-Law No. 33 of 2021 – lists out 10 different types of violations that can, in fact, lead to immediate dismissal from work.
What are the 10 violations?
- False identity or forged documents: The worker impersonates another person or submits forged certificates or documents.
- Serious financial loss or property damage: The worker makes a mistake causing substantial material losses to the employer, or deliberately damages the employer's property and acknowledges doing so. The employer must notify the Ministry of Human Resources and Emiratisation (MOHRE) within seven working days of becoming aware of the incident.
- Violation of safety instructions: The worker violates workplace safety instructions, provided these were documented, visibly displayed and communicated to the worker.
- Failure to perform basic duties: The worker repeatedly fails to fulfil essential contractual duties despite a written investigation and two warnings of dismissal.
- Disclosure of confidential information: The worker discloses industrial or intellectual property secrets, resulting in losses, missed business opportunities or personal gain.
- Intoxication or misconduct: The worker is intoxicated or under the influence of narcotic or psychotropic substances during working hours, or commits an act contrary to public morals at the workplace.
- Assault: The worker verbally, physically or otherwise assaults the employer, manager, supervisor or colleagues during work, where the conduct is punishable under UAE law.
- Unauthorised absence: The worker is absent without a legitimate reason or acceptable excuse for more than 20 non-consecutive days in one year, or more than seven consecutive days.
- Abuse of position: The worker unlawfully exploits their position for personal gain.
- Unauthorised employment elsewhere: The worker joins another establishment without following the applicable legal rules and procedures.
Dismissal procedures
While the law does allow the employer to fire the employee without notice, it still requires the following of certain procedures. The employer may only dismiss the worker without notice after conducting a written investigation with the concerned employee, and the decision to dismiss the worker is given to the worker in writing and with the relevant justification.