The updated version of Article 44 UAE labor law protects an employer’s rights. It is concerned with terminating an employee without a notice period. Still, conditions are put in place to ensure a transparent working environment. The well-thought-out conditions are there to avoid discrimination and offer fair treatment.
In this article, you’ll get complete information and understanding about the basic concept of “Article 44” of Labour law.
Understanding Basic Concept Of UAE Labour Law
The rights of employees and employers need to be protected. Their disputes have to be mediated. A requirement arises for regulations that will safeguard the rights and ensure a safe and fair work environment. An example of this is Article 44 of UAE labour law.
It empowers employers they terminate the contract of an employee without notice. Certain circumstances lead to severe consequences for the employee’s actions.
Importance of Article 44 Labour Law in UAE
There are ten scenarios outlined in UAE labor law article 44. Only in these scenarios can an employer terminate the employee without providing any prior notice. Misconduct or breach of trust are some of the prominent scenarios.
Article 44 UAE labour law protects the interest of an employer. Employers are protected from employees engaging in fraudulent activities or deliberately or negligently causing damage to property. The individuals responsible cause less harm in the future by bringing about a swift termination of their actions.
It maintains discipline in the workplace. It heavily discourages serious misconduct. The knowledge of immediate termination deters employees from disrupting the environment or causing financial losses in the workplace.
The UAE labor law article 44 defines situations where an immediate dismissal is justified. This promotes transparency and avoids ambiguity and disputes over reasons for termination.
Grounds for Termination Under article 44 UAE labour law
There are specific situations where it is plausible to dismiss an employment contract UAE without notice. These are defined in Article 44 of UAE labour law as:
Fraudulent Documents
Assuming a fake identity or submitting forged documents and certificates to lie about qualification is a ground for termination without notice under Article 44 of UAE labour law.
Material Loss
UAE labor law Article 44 outlines an error committed by an employee that causes severe material loss to the company because of negligent or reckless behavior.
Deliberate Damage
According to Article 44 of UAE labour law, if an employee intentionally damages the property of the employer and acknowledges being involved in the act, the employer will terminate the employee without notice. The employer has to notify MOHRE about such incidents within seven working days of learning of the incident.
Criminal Activity
Assaulting an employer, coworker, or manager whether physically or verbally is a serious crime. It will result in being immediately terminated as specified by the Article 44 of UAE labour law.
Safety Violations
Participating in activities that violate the safety instructions of the workplace has the dismissal justified by Article 44 UAE labour law. The safety instructions should have been displayed in writing in a visible place and informed to employees as well..
Abandonment
Not showing up to work for consecutive days without providing a valid reason translates to dismissal. UAE labour law article 44 also highlights joining another company while not following the rules and notifying the employer as grounds for dismissal too.
Breach of Confidentiality
Disclosing any information that is sensitive or confidential will call for an immediate dismissal. Sharing secrets that cost a company financial losses or missed opportunities for personal gain will also warrant termination.
Refusal to Follow Instructions
Not following the basic duties mentioned in the contract or continuing to refuse to follow instructions despite a couple of warnings will also translate to termination according to UAE labour law article 44.
Employer Obligations under Article 44
Ministry of Human Resources and Emiratisation must be informed by the employer within seven days of the particular incident. Not notifying MOHRE in the given timeframe weakens the case of the employer. It is the responsibility of the employer to share proof of the misconduct from employees.
Employee Rights and Considerations under this Article 44 labor law
Employers are empowered while employees are protected by Article 44 of the UAE labour law. It safeguards employees from any random dismissal. An employer is not able to terminate the employee without a legitimate reason. This makes sure of job security for employees. It prevents the workers from being subjected to unfair termination contracts.
This entitles workers, who have worked more than a year, to end-of-service benefits. This works as a safety net for workers. After terminating their employment, the company will pay gratuity based on the employees’ last salary and length of service..
Article 44 For Annual Leaves in UAE
The issue of annual leave is also addressed in Article 44. Workers are entitled to a minimum of thirty days of paid leave upon completing one year of service.
Workers have the right granted by this labour law to challenge termination if they believe it unfair. They will file a complaint with the Ministry of Human Resources and Emiratisation within a given timeframe. MOHRE will investigate the matter. If we find that the employee’s claim is true, we will reinstate their employment or provide compensation.
Article 44 For Working Hours In UAE
UAE labour law Article 44 covers rest periods and working hours. It mentions that working hours are not to exceed eight hours per day or forty-eight hours per week.
There should be a written contract outlining the terms and conditions of employment. The contract must be provided to the employees. It needs to include the details of the nature of the work, duration of the contract, and benefits or allowances.
Employers must provide a healthy and safe working environment to their workers. The companies should comply with health and safety regulations. Protective equipment is to be provided for work that calls for protective gear.
This labour law also emphasizes the importance of non-discrimination, ensuring that employers do not discriminate or treat workers unfairly based on their nationality, gender, or religion.
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Final Words
In conclusion, UAE labor law Article 44 highlights specific situations where termination without notice is justified. These conditions ensure there is no discrimination. The implemented measures ensure that the dismissals are fair and protect the interests of both the employer and employees.
