UAE Labour Law

Discrimination and Unfair Termination Under UAE Labour Law 2022

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Discrimination and Unfair Termination Under UAE Labour Law 2022

The United Arab Emirates (UAE) has demonstrated exemplary efforts to ensure fairness and justice by international legal standards. The UAE government aims to promote inclusivity, equal opportunity, and safeguard the rights of employees across the country. The new labour law of 2022 introduced significant changes in the competitive work environment.

Discrimination Clause in the UAE Labour Law

The UAE Labour Law 2022 assures zero tolerance for discrimination in the workplace. Employers are not allowed to discriminate against employees based on:

  • Gender

  • Ethnicity

  • Religion

  • Nationality

  • Disability

  • Social status

This prohibition applies to all aspects of employment, including hiring, promotions, salaries, training, and termination.

Equal Pay in the UAE

Under the UAE’s updated labour law, men and women must receive equal pay for the same job. Gender-based pay disparity is strictly prohibited. Therefore, hiring labour and employment lawyers is highly recommended for organizations to ensure compliance and fairness.

Protection for People with Disabilities

Employers in the UAE are required to accommodate and be inclusive toward individuals with disabilities. If the job responsibilities can be fulfilled by a person with a disability, the employer is obligated to consider them for employment. Failure to do so may result in legal action and administrative penalties.

Unfair Dismissal Under UAE Labour Law

Legal Grounds for Termination

Under UAE Labour Law, valid grounds for termination include:

  • Mutual consent

  • Expiry of the employment contract

  • Resignation with notice by the employee

  • Termination by the employer for legal and serious misconduct

If none of these conditions are met, it may be considered an unfair or arbitrary dismissal, subjecting the employer to penalties.

Understanding Unfair or Arbitrary Dismissal

Unfair termination occurs when an employer:

  • Fails to provide a valid reason for dismissal

  • Does not follow the legal process, including issuing proper notice

  • Terminates an employee based on religion, nationality, or discrimination

In some cases, if an employee files a legitimate complaint and is terminated as retaliation, this is also considered unlawful dismissal.

Article 47 of the UAE Labour Law 2022 states that employees terminated for reasons unrelated to performance may be entitled to compensation of up to three months’ salary. In such cases, retaining labour and employment lawyers in Dubai is advisable.

Can Employees Retaliate to Unfair Dismissal?

Employees who experience discrimination or unfair dismissal in the UAE have legal rights. They can:

  • File a complaint with the Ministry of Human Resources and Emiratisation (MoHRE)

  • Testify in court proceedings

  • Report workplace harassment

  • Claim salary dues or leave entitlements

How MOHRE and Labour Courts Work in the UAE

The MOHRE and Labour Courts actively protect employees’ rights in the UAE.

Filing a Complaint

Employees may start the process by filing a complaint with MOHRE if they have been unfairly terminated or discriminated against. If a resolution is not reached, the case is escalated to the Labour Court.

Labour Court Proceedings

Labour court proceedings include:

  • Review of employment contracts

  • Testimonies from witnesses

  • Examination of payroll records

Hiring experienced labour lawyers in Dubai helps streamline this legal process and ensure employees receive maximum compensation.

Obligations of Employers Under UAE Labour Law 2022

Employers must revise workplace policies to comply with the updated law. These include:

  • No discrimination in hiring or promotions

  • Equal salaries for men and women

  • Inclusive practices for people with disabilities

  • Clear anti-harassment and anti-discrimination policies

  • Providing valid reasons for termination

  • Issuing at least one-month notice before dismissal

Rights of Employees Under UAE Labour Law

The UAE Labour Law guarantees that employees are treated fairly and lawfully. Key rights include:

  • Equal and respectful treatment

  • Termination only with valid notice

  • The ability to challenge arbitrary dismissal in court

  • Seeking compensation for employer misconduct

  • Confidential complaints to MoHRE or labour courts

  • The right to legal representation in disputes

Recent Disputes in UAE Employment

Recent cases of wrongful termination in the UAE include:

  • Terminating a pregnant employee without legal cause

  • Firing workers who report non-payment of salaries

  • Discrimination based on race or nationality

  • Refusal to promote female employees

  • Dismissal of employees involved in legal proceedings

All such actions are considered violations of the UAE Labour Law and can lead to legal consequences for the employer.

FAQs

What qualifies as unfair termination under UAE Labour Law 2022?

Unfair termination includes being dismissed due to discrimination or after filing a lawful complaint. It violates the ethical and legal standards of employment in the UAE.

How can I prove workplace discrimination in Dubai?

You must provide documented evidence and performance records to support your claim. A qualified employment lawyer can help present your case effectively.

Can I get compensation if I’m terminated unfairly?

Yes. If the dismissal is deemed unfair, employees are entitled to up to three months’ salary as compensation.

Is it illegal to terminate an employee due to pregnancy or maternity leave?

Yes. Terminating a woman during pregnancy or while on maternity leave violates UAE labour law.

How long do I have to file a labour complaint in the UAE?

Employees must file a complaint within one year of the unfair incident or termination.

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