Urgent.. Cases that allow immediate termination of the employment contract without warning

The judge in Dubai Courts, Dr. Ali Al Hosani, confirmed that Federal Decree Law No. 33 of 2021 added several new rights to the worker, without violating the interest and rights of the employer, within the framework of a relationship based on equality and justice, pointing out that it included cases of consensual termination of work, and cases in which the right to The employer may terminate the contract directly without warning the worker, and in those where the worker is allowed to leave work without warning.

Al Hosani told "Emirates Today", as part of the "Legal Behavior" initiative launched by Dubai Courts to spread legal knowledge, that Federal Decree Law No. 33 of 2021 regarding the regulation of labor relations aims primarily to regulate the relationship between the two parties to work, and to define the rights and obligations of each A legal party, in a form that guarantees protection and balance, in a way that contributes to attracting the best talent and skilled people to the state, and providing an attractive business environment for employers to help achieve national development goals.

He added that the law listed for the first time several rights for the worker, including choosing the type of work contract, the probationary period, various vacations until the termination of the contract, and the opportunity for the worker to move freely from one job to another in accordance with the requirements of the law and without violating the rights of the employer, pointing out that the law obliges employers to provide Adequate and licensed cash or in-kind housing for the worker, bearing the costs of recruitment or contracting, prohibition of forced labor, sexual harassment, bullying, or any verbal, physical or psychological violence, and non-termination of the service of the female employee due to pregnancy, obtaining maternity leave, or interruption of work for any other related reasons. pregnant.

He pointed out that Decree-Law No. 33 of 2021 included cases of the termination of the work contract by mutual consent or agreement provided that it was written, or at the end of the term of the work contract, or based on the desire of one of the parties, while adhering to the provisions of the warning period agreed upon in the work contract, or the issuance of a judgment restricting freedom Against the worker for a period of no less than three months, or permanently closing the facility, bankruptcy or insolvency of the employer.

He added that the law also included exclusive cases that allow the employer to terminate the employment contract directly without warning the worker, provided that a written investigation is conducted with the worker, and a written decision is issued for reasoned dismissal and handed over to the worker. The worker intentionally damages the property of the employer, or commits a mistake that resulted in a serious material loss to the employer, or breaches his basic duties, and discloses work secrets related to industrial or intellectual property, which resulted in losses to the employer, a state of apparent drunkenness, or the use of a narcotic or psychotropic substance, or Committing an act contrary to public morals in the workplace, or actual or verbal assault on the employer during work, absence without justification or with an excuse that is not acceptable to the employer for more than 20 intermittent days during one year, or more than seven consecutive days, or the worker exploiting his position Work illegally to obtain results and personal gain.

The law allows the worker to leave work immediately without warning, if the employer breaches his obligations under the work contract, or it is proven that assault, violence or harassment has occurred against the worker by the employer or his representative during the work, or the worker has been assigned a work fundamentally different from the one agreed upon in the contract. the work.

The worker can obtain compensation for unfair dismissal in the event of termination of his services due to submitting a serious complaint to the Ministry of Human Resources and Emiratisation or filing a case against the employer that has been proven to be true.