10 violations that can lead to immediate dismissal under Article 44 of the UAE Labour Law
Dubai: Employers in the UAE’s private sector may dismiss employees without notice in certain specific circumstances. Article 44 of Federal Decree-Law No. 33 of 2021 sets out 10 grounds for such dismissal. However, employers must comply with the applicable legal requirements, including conducting a written investigation with the employee and issuing a written dismissal decision stating the reasons for termination.
The 10 violations that can lead to dismissal without notice:
* False identity or forged documents: Impersonating another person or submitting forged certificates or documents.
* Serious financial loss or property damage: Causing substantial material losses to the employer through an employee’s mistake, or deliberately damaging the employer’s property and acknowledging the act. The employer must notify the Ministry of Human Resources and Emiratisation (MOHRE) within seven working days of becoming aware of the incident.
* Violation of workplace safety instructions: Breaching safety instructions that have been documented, displayed visibly at the workplace and communicated to the employee.
* Failure to perform basic duties: Repeatedly failing to fulfil essential contractual duties despite a written investigation and two warnings that dismissal may follow if the violation is repeated.
* Disclosure of confidential information: Disclosing industrial or intellectual property secrets, resulting in losses for the employer, missed business opportunities or personal gain for the employee.
* Intoxication or misconduct: Being under the influence of alcohol, narcotic drugs or psychotropic substances during working hours, or committing an act contrary to public morals at the workplace.
* Assault: Verbally, physically or otherwise assaulting the employer, a manager, a supervisor or colleagues during working hours, where the act is punishable under UAE law.
* Unauthorised absence: Being absent without a legitimate reason or acceptable excuse for more than 20 non-consecutive days in one year, or more than seven consecutive days.
* Abuse of position: Illegally exploiting one's position at work for personal gain.
* Unauthorised employment with another establishment: Joining another establishment without complying with the applicable legal rules and procedures.
Important: Dismissal without notice is not automatic simply because an allegation has been made. Employers must follow the applicable provisions of Article 44 and the relevant legal procedures. Employees who believe they have been unfairly dismissed may seek guidance from MOHRE.
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