Understanding when and how an employer can legally dismiss an employee without warning is essential for business owners and UAE employees. According to Article 44 of Federal Law No. 33 of 2021, there are specific circumstances under which an employer can terminate an employee’s contract without prior notice.
Here are 10 key situations where an employer has the legal right to dismiss an employee immediately:
Serious Misconduct
If an employee is found guilty of serious misconduct, such as violence, theft, or fraud, the employer can terminate their employment without notice.
Substance Abuse
Being under the influence of drugs or alcohol while on duty or at the workplace is grounds for immediate dismissal.
Breach of Trust or Confidentiality
Employees who breach confidentiality agreements or betray the employer’s trust can be dismissed right away, especially if it impacts the company’s operations or reputation.
Absenteeism
Frequent absenteeism without a valid reason or approval from the employer can lead to immediate dismissal, as it disrupts business operations.
Serious Health & Safety Violations
Employees who engage in reckless behavior that endangers the health and safety of others or violate safety protocols can be fired without notice.
Criminal Conviction
If an employee is convicted of a crime that directly relates to their job responsibilities or harms the organization’s reputation, they can be dismissed immediately.
Dishonesty and Fraudulent Behavior
Any attempt by an employee to mislead the employer with false information or engage in fraudulent activities, such as falsifying documents, can result in dismissal without warning.
Insubordination
Employees who refuse to follow lawful instructions or orders from their superiors, or who engage in ongoing disruptive behavior, may be dismissed without notice.
Sexual Harassment or Discrimination
Any act of sexual harassment or discrimination in the workplace is considered a serious violation, and the employer has the right to take immediate action.
Incompetence or Lack of Performance
If an employee repeatedly fails to meet their job expectations, even after receiving several warnings, they may be terminated without notice.
In terms of contractual agreements, employers can include clauses that require employees to compensate the company if they decide to work for a competitor. However, any such clause must be legally enforceable and comply with UAE labor laws.
Employers must ensure that their actions align with the relevant labor laws and that they follow the correct legal procedures when terminating an employee’s contract. This involves providing clear evidence of the employee’s misconduct or inability to meet expectations and ensuring that the termination is warranted.
