Can I Take Legal Action Against My Company for Wrongful Termination?

Losing an activity is a stressful experience, but being dismissed unfairly can leave you feeling powerless and unsure about your rights. In Dubai, where the expert landscape is governed by strict legal guidelines, personnel are protected in opposition to arbitrary termination, but navigating the legal process calls for knowledge. If you watched you’ve been wrongfully terminated, you can have grounds to challenge your organisation’s choice. At Albasti Advocates, a leading organization of advocates in Dubai, our legal consultants in Dubai focus on employment regulation and have helped countless specialists steady justice. In this guide, we’ll give an explanation of your rights under UAE labor regulations, outline steps to take criminal action, and highlight how partnering with a legal professional in Dubai can give a boost to your case.

Understanding Wrongful Termination in Dubai

Under UAE Federal Decree-Law No. 33 of 2021 (the UAE Labor Law), employers must follow strict recommendations while terminating a worker. A dismissal is considered “wrongful” if it violates those guidelines. Common situations encompass: Termination Without Cause: If your employment settlement is indefinite, your employer should provide a valid cause for dismissal, along with poor overall performance or misconduct, supported by proof. Discriminatory Dismissal: Firing a worker based on race, gender, faith, disability, or pregnancy is illegal. Retaliation: Termination in reaction to whistleblowing, submitting a harassment complaint, or putting forward statutory rights (e.g., maternity leave) is illegal. Breach of Contract: Failing to stick to termination clauses, such as inadequate notice duration or unpaid severance. For example, in case you have been disregarded immediately after informing your corporation of a pregnancy, this may represent wrongful termination under Article 30 of the UAE Labor Law.

Steps to Take Legal Action Against Wrongful Termination

If you accept as true with your dismissal becomes illegal, comply with these steps to shield your rights:

1. Review Your Employment Contract and Labor Law Rights

Start with the aid of reviewing your employment agreement, focusing on: Termination Clauses: Notice duration requirements (usually 30–90 days). End-of-Service Benefits: Accrued gratuity, unpaid leave, or bonuses. Dispute Resolution: Some contracts mandate mediation earlier than litigation. Next, pass-reference your situation with the UAE Labor Law. Article 44 outlines legitimate reasons for termination, consisting of repeated violations of corporate coverage or assaulting a colleague. If your case doesn’t align with these grounds, you could have a claim.

2. Gather Evidence

Building a sturdy case calls for documentation. Collect: Employment contract and termination letter. Emails, messages, or witness statements proving an unfair remedy. Pay slips, bank statements, and facts of unpaid dues. Performance opinions (if dismissal became allegedly because of bad performance). A legal advisor in Dubai can help organize proof to demonstrate horrific faith or procedural violations.

3. File a Complaint with the Ministry of Human Resources and Emiratisation (MoHRE)

Before escalating to the court, you must file a grievance with MoHRE. The system entails: Submitting a complaint via the MoHRE app or in person at a Tasheel middle. Attending a mediation consultation with your employer. Receiving a “No Objection Certificate” (NOC) if mediation fails, permitting you to continue to the court docket. Note: You have one year from the termination date to file a declaration.

4. Initiate a Labor Court Case

If mediation fails, your legal professional in Dubai can file a lawsuit within the Dubai Labour Court. The courtroom will compare: Whether the termination complied with the UAE Labor Law. Compensation owed (e.g., unpaid wages, gratuity, or arbitrary termination damages). Successful claimants might also get hold of: Up to three months’ profits for arbitrary dismissal (Article 47). Payment of contractual entitlements (notice length, gratuity, and so forth). Reinstatement (rare, however, possible if the courtroom deems termination illegal).

How a Lawyer in Dubai Strengthens Your Case?

Employment disputes in Dubai are enormously technical, and employers often have legal groups defending their moves. Partnering with Albasti Advocates, a pinnacle-tier company of Legal Consultants in Dubai, guarantees you have an advisor who can: Interpret Labor Law Nuances: UAE employment rules are frequently updated. For example, current amendments restrict terminations at some point of unwell leave or maternity leave. A professional criminal consultant in Dubai remains contemporary on these modifications. Negotiate Settlements: Many instances are resolved out of court. Lawyers can negotiate severance applications or immediate dues price. Represent You in Court:From drafting pleadings to providing proof, having advocates in Dubai employing your side improves the effects. Case Study: A client at Albasti Advocates was fired after reporting safety violations. Our crew proved the dismissal was retaliatory, securing an agreement of AED one hundred fifty,000 in unpaid wages and arbitrary termination reimbursement.

Common Defenses Employers Use—and How to Counter Them

Employers frequently justify dismissals using these arguments—right here’s the way to respond: “Poor Performance”: Request documented overall performance reviews or warnings. Under UAE law, employers have to offer a written observe and a hazard to improve. “Redundancy”: Confirm if the function has into clearly eliminated. Ask for evidence that no new hires changed you. “Breach of Contract”: Challenge indistinct accusations (e.g., “insubordination”) via worrying specifics. A criminal consultant in Dubai can dissect these defenses and hold employers responsible.

What If You’re on a Visit Visa or Probation?

Visit Visa Holders: You’re nonetheless covered under UAE Labor Law when you have a valid employment contract. Probationary Period: Employers can terminate probationary employees with 14 days’ note. However, dismissals must nonetheless avoid discrimination or retaliation.

Why Choose Albasti Advocates?

With many years of experience in UAE employment regulation, Albasti Advocates stands proud for: Multilingual Team: Fluent in Arabic, English, Hindi, and Urdu. Proven Track Record: High fulfillment fees in wrongful termination, discrimination, and gratuity disputes. Personalized Support: We prioritize rapid resolutions, minimizing stress for clients.

Final Thoughts

Wrongful termination isn't only an expert setback—it’s a contravention of your rights. By performing rapidly, gathering evidence, and partnering with Albasti Advocates, you could hold employers accountable and recover what you’re owed. Whether through negotiation or litigation, our advocates in Dubai are committed to securing justice. If you’ve been unfairly disregarded, don’t navigate this battle alone. Contact Albasti Advocates today for an exclusive consultation with leading criminal Lawyers in Dubai.