Unfair Termination, Unfair Dismissal, Wrongful Termination or Unfair termination, is the legitimate term depicting a circumstance where a business ends the working employment agreement of the worker by removing her or him from the business place and the responsibilities, but not in a lawful manner. This act of false termination makes it a termination but without a valid reason. It allows the terminated employee to take the matter to Court where he or she can certainly ask for compensation.
UAE Labour Law allows 3 months compensation to an employee who has been terminated but without a reason. UAE Labour Law also makes few work ethics and boundaries for employees that if they do not work with the ethics and professional liabilities then employee may also terminate the employees. We are discussing about Article 120 here, where termination without notice is possible. Therefore first employees have to work with dedication and hard work where the performance level should not be compromised. If employers fires without any solid reasons then the employee may go to Court and get the compensation. Please be noted that the employee is not deprived of receiving the other benefits if he is given the salaries as compensation. He still deserves;
- Unpaid Leaves
- Annual Leaves
- Over Times
- Commissions or Profits
- Annual Tickets/Tickets
- Notice Periods
- End of Service Benefits/Gratuities
- Unpaid Salaries
The Labour and Employment Lawyers help you to comprehend the privileges of a worker, provisioned under the Labour and Employment. Upon cessation of employment, get a lawyer to experience your agreement and survey if there has been any infringement. The accomplished legal advisor will at that point lead a careful examination of the reasons. The following are some of the situations that require Employment Lawyers;
Covenant of Good Faith:
Termination of employment when there is a contract of sincere trust among you and your manager delivers cause for an improper termination case. The pledge of sincere trust exists so a worker undertaking the obligations of his/her work appropriately hopes to get the heaps of the understanding without the business unjustifiably removing them.
Discrimination:
This is a common situation for illegitimate termination claims. On the off chance that your termination was a direct result of your sex, race, religion, age, or handicap, you can document a claim.
Insufficient Cause / Retaliation:
There are events where the worker is out of practising their representative rights. At the point when a business ends the agreement of a worker in counter for sensible practices on a representative’s privileges, it is an instance of the improper end.
Constructive Dismissal:
There are situations where the business has submitted lead alluded to as “repudiating penetration” that has constrained a representative to leave, or the working conditions are terrible to the point that a worker could presently don’t feel great working there and leaves. Regardless, a worker has surrendered because of a threatening workplace and can look for an employment and labour lawyer in the U.A.E.
The Dubai Based Experts:
The Labour Lawyers working in Dubai also known as Labour or Employment Lawyers Dubai, are the one handling the Labour Cases and all the other employment disputes but in UAE. These Lawyers can be local lawyers or from other lawyers. As stated several times in our other blogs, there is a difference between a legal consultant and a lawyer. A lawyer can appear in courts as he has authority for doing this called legal license. Legal Consultants can advise, prepare the memo but can’t give representation in court. There is no restriction that Dubai based Employment Lawyers, can’t practise in other Emirates and lawyers from other Emirates can’t come to Dubai. Law is federal and any experienced lawyer can represent any client anywhere in UAE. But just to make sure that case can only be filled in the emirate where the VISA was processed before. If the VISA was processed from Sharjah(Main Land or Free Zone) then the case can be filled in Sharjah only. This is not just limited up to Labour and Employment Cases. This is for any kind of Court Case. Better consult the good Legal Consultants or Lawyers first, then think few times, before the final action. Once you decide
ASK THE LAW – Al Shaiba Advocates is one of those Law Firms, and the best example of those Law offices, only committed to delivering quality services. There are several examples like this where people can’t be trapped by Law Firms or Labour Employment Lawyers. Such Law Firms or Law Offices are acknowledged and admired by the people. Not just by the people, such Law Offices are the first priority choice of the companies from large to small scale levels.
Therefore when employees have to hire the lawyers, do consult the lawyers or serve the notice to counterparty then the best procedure is to only look for Emirati Labour and Employment Lawyers like ASK THE LAW – Al Shaiba Advocates and Legal Consultants. Such Law Firms and Lawyers are not new to the market. Such Law Firms have proved their worth and ability after spending decades or at least more than a decade. The owner or the owners are actively participating and keeping the management more than the best limit. The best limit is the limit that makes a law firm and its staff most advanced in town. When the quality of a Law Firm reaches or crosses the best limit then it means Law Firms reach to the level of high definition expertise, where Law Firms are hired by high level private and government sectors, for a quick and valuable legal representation. Such Law Firms and Lawyers are the true legal partner of a business in UAE.