Termination on Annual Leave (Important Article)



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Today we are here with short Article regarding arbitrary (uninformed) termination by Employee or company during annual leave.

What is Termination?
Termination is an action taken by the employer (Company) to end the employer (worker) and employee connection.

Can Employers Terminate Employee?
Yes, Employers (companies) have a basic right to terminate the employment of an employee, but along with the right responsibilities. Employers must comply with the employment or Labour standards and human rights law for their jurisdiction and beyond that, employers should treat employees (workers) fairly and in good faith as written in Article 120.

Can Employer terminate an Employee while he is outside UAE?
An employee (expat) working in any state of United Arab Emirates cannot be terminated by Company from his services while he is on annual leave.
If an employer (company) does dismiss a member of his staff while he/she is officially on leave, it may be considered an arbitrary dismissal and the affected employee can take course to legal action against company.

What to do if Terminated?
It is not allowable to dismiss or serve notice on an employee during annual leave. If an Employer Terminated or serves notice, it will be possible to challenge the Termination or notice as being void.

Please make sure that if the reason for termination is one of the 10 reasons we describe in previous article or the 10 reasons that set out under Article 120, the employer (company) can act against his worker.
But also if the employer (company) terminates the contract for reasons that are outside Article 120 of the UAE Labour Law, he will be responsible to pay compensation to the member of his staff.

This compensation is determined on the basis of the wages (salary) due for a period of 3 months or for the remaining period of employee contract, whichever is less, unless an article in the contract states otherwise.

To Read the 10 Reasons of Termination without Notice Click here

Please leave your comments, FAQ’s below, we will try to answer you ASAP.

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4 comments:

  1. My mom was terminated during her annual leave.

    I badly need your advice pls blogger hear me out. My mom had a two yr contract. When she finished her one yr and was given a vacation here in the philippines, her employer took her four months salary and said that my mom can only go for vacation if she pays her one visa, my mom did so, the payment was my moms four months salary.

    Moving on, so my mom finished one month vacation. She was in the airport immigration but was stopped because her contract was with her employer. Before my mom left from dubai, her employer insisted that my moms contract shall not be given to her. Whatever their reason is my mom just said yes because she cant do anythng about it.

    So with that the immigration here in the philippines needs my moms contract to be filed in POEA. So we told the employer what they have to do. The employer was not easy to talk to, it took my mom two wks delay because of that contract, and for that my mom had to rebook a ticket but Singapore Airlines wasnt answering our calls at that time. My mom asked her employer to extend her vacation because we're just waiting for the rebooking of the ticket, but her emplyer was too mean, they didnt give my mom extension even if she plead so much, knowing that the reason of her delay was them because they did not send my moms contract as soon as possible. They waited two wks for my mom to receive it.

    And because they didnt gave my mom a day to rebook her ticket, they filed a case against my mom telling the immigration that my mom had run away. And is now facing lifetime ban.

    My sister in dubai talked to my moms employer to cancel the visa of my mom so she can go again to dubai because anoher employer is waiting for her for almost a year, it took them a year to cancel my moms visa but her employer told us that they cant do anything else. We were requesting for the cancellation papers but was just insisting that they cannot do anything more.

    My mom dont deserve this, my mom needs to go back to work because we need money for my sisters education. We are pleading them to help us lift the ban but they didnt respond.

    Pls give us advice, because my mom's new employer gave us deadline until July 11 only.. Pls pls do hear me out. Thank you and more power!

    ReplyDelete
    Replies
    1. My mom did not do anything that is stated in the ten reasons of termination without notice. She didnt do anything illegal or can cause her to be put in jail or the like. I would much appreciate it if you could help us out. We dont know where to start. Thank you in advance!

      Delete
    2. She really needed you admin.
      Help her.

      Delete

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