When is a worker entitled to an arbitrary dismissal allowance in the Labor relationship Regulation Law No. 33 of 2021

The new labor relationship regulation law limited the cases of illegal dismissal to only two cases, namely, 1) in the case of the company dismissing the employee due to the filing of a serious labor complaint to the Ministry of human resources and Emiratization, 2) or filing a lawsuit against the employer and proved its validity،

This is completely different from what was being worked on under the previous law, as there were cases that could be considered arbitrary dismissal under the previous law that differ from the current one, including that in the event that the worker left work due to a breach by the employer of his contractual obligations, including the delivery of the salary due to the worker, and

The previous law defined the arbitrary dismissal of a worker in a broader and more comprehensive manner, so the arbitrary dismissal or wrongful termination occurred “if the worker is arbitrarily dismissed, the competent court may judge the owner of

Work by paying compensation to the worker, and the court estimates this compensation taking into account the type of work

The amount of damage caused to the worker, the duration of his service and after the achievement of working conditions.

It is stipulated in all cases that the amount of compensation shall not exceed the worker’s wage for a period of three

Months are calculated on the basis of the last salary he was entitled to.”

And here the dismissal was either by dismissing the worker in the usual sense that the employer terminated the employment relationship between him and the worker without the reasons specified by the law and without a written investigation with the worker before dismissal and termination of the employment relationship, and the rules and conditions of the provision for the worker to compensate for arbitrary dismissal were between one to three months, it depended on the type of work that the worker was doing, if he was a responsible manager or doing work that other workers relied on, or the company relied on for high-precision, experience or importance tasks, and the second criterion was the amount of damage caused to the worker and the extent of affected by this arbitrary separation and the damage suffered by his family due to the interruption of his livelihood and the losses he suffered for his loss The longer the employee’s service period with the employer, the closer the compensation due is to three months, because the longer the worker works, the more stable he becomes and depends on his income from this work.once he loses, he loses the fixed and known income on which he determined his livelihood and the livelihood of his family after him.

As for the current law, according to the text of the first paragraph of Article 47 of the Labor relationship Regulation Law No. 33 of 2021, it has defined the controls for considering illegal termination as an arbitrary dismissal and specified only two cases in which the termination of the employment relationship by the employer is considered an arbitrary dismissal, and that was according to the following:

“1.termination of a worker’s service by an employer shall be considered unlawful if the termination of the worker’s service is due to him filing a serious complaint with the ministry or filing a proven lawsuit against the employer.”

The labor and workers law lawyer in Dubai, Abu Dhabi, United Arab Emirates, explains that the first paragraph of the above-mentioned article means that the legislator has given the right to the employer to dismiss the worker at any time without giving any reasons, and with an absolute desire, and oblige the employer to compensate the worker in case the worker is dismissed after submitting a serious complaint to the ministry or filing a lawsuit against the employer proved to be valid.

The labor and workers law lawyer in Dubai, Abu Dhabi, United Arab Emirates explains that the compensation due in this case corresponds to the compensation scheduled in accordance with the previous law, which is between the value of the worker’s comprehensive monthly wage from one month to three months according to the second paragraph of the same article:

“2. the employer shall be obliged to pay a fair compensation to the worker assessed by the competent court, if it is proved that the dismissal is unlawful in accordance with Clause ( 1 ) of this article, and the amount of compensation shall be determined taking into account the type of work, the amount of damage caused to the worker and the length of his service, and in all cases the amount of compensation shall not exceed the worker’s wage for a period of ( 3 ) three months calculated according to the last wage he received”

The platform  of the black robe for legal consultancy and debt collection, and Labor Law and Employment Disputes in Dubai, Abu Dhabi UAE explains that there are several fundamental differences between the previous and current law, you should pay attention to them, and if you have any queries regarding labor issues or all other sections of the law, do not hesitate to contact us and communicate with us on the black robe platform, via chat during twenty-four hours seven days a week or by phone.