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UAE: I waited for six months to join a company, but was fired. What are my rights?

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October 1, 2020

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The reader claims he lost time and money waiting for the company to provide a joining date

If you have signed a labour contract but have not joined work, can your company fire you?

The reader said: “I was hired by a company, but due to the COVID-19 situation, my joining got delayed.

“I have waited for six months and I am really devastated because they destroyed my career and now I have a lot of debt because of this situation.

Gulf News raised the query with Dr Hassan Elhais, legal consultant at Dubai-based Al Rowaad Advocates and Legal consultants who said that any employee facing such a situation would first need to carefully review.

It is important for the worker to carefully review their labour contract.

The factors that are important are 1. type of contract, 2. the joining date, 3. the probation period, 4. the notice period

Accordingly, you will arrive at your claim against the employer such as, among others, pending salaries, compensation and end of service

What happens if you are terminated during the probation period?

The employer may terminate the service of an employee who is still under probation period.

The probation period cannot exceed six months.

What are the conditions under which your contract can be terminated?

The termination should be mutually agreed upon or after the expiry of the contract.

Article 123/a of the UAE Labour Law provides that an employee under an unlimited contract may claim up to three months of compensation for arbitrary dismissal.

Article 115 provides that should the termination of a limited contract be done for a reason not related to the employee's performance, the employee may claim compensation.

However, it is important that the employee first file a complaint with the relevant labour department.

As per public policy, an employee is required to file a complaint, before filing a court case.

The case may be dismissed by the court if the due process is not followed.

You may proceed with registering a complaint with the competent labour department and subsequently by registering a case with the Labour Court to claim your rights

To find out how you can file a complaint with MOHRE, follow the link to our detailed guide in the caption below.

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