Compensations for Arbitrary Dismissals
The Compensations for Arbitrary Dismissals are usually up to 3 months. This is defined by UAE Labour Law and implemented by UAE Courts while giving a verdict. It is also observed that sometimes courts only award 1 Month of Salary as compensation to employees. It happens when an employee has worked less than a year or near a year. The duration of the service does matter and this is a very logical decision of the Court. Labour Lawyer in Dubai can help out this regard. You just need to book your appointment session and ask the Labour Law Attorney also called Employment Lawyers in Dubai to get the idea first. Once he assures you, then you should use your legal options which are serving a legal notice or filing a court case.
Please be informed that Arbitrary Dismissal is always assessed, analyzed then decided. Even if you have worked for more than one year or many years, it does not matter if the termination is not valid. Every time the termination is not based on invalid grounds. It is also seen that if employers are guilty 50% then employees are also guilty up to 50%. Law states that both parties should try to resolve the matter amicably and should not try to spoil the rights of other parties. When courts find that one party is guilty and spoiling the rights of other parties then he can give a verdict against him along with compensations. UAE does not provide any soft corner to accused and bad people. This is the beauty of the UAE government.
When someone goes to Labour Lawyers in Dubai, then such Lawyers provide him with the solution and the real idea. The most important thing is to locate and hire quality Employment Lawyers in Dubai. Therefore always get a good Lawyer before filing the case.
Usually, Article 120, is used by the employer to terminate the employee
where the employer gets the exemption from paying and can terminate the employee
with immediate effect. An employee does the challenge to this arbitrary dismissal. This
is his right to challenge any sort of the wrong accusation. Similarly, if the employee
does not fulfil his professional duties or his behaviour is not good then the employer can certainly take an action against
him.
If the matter goes to Court and it is proved that the termination
was totally wrongful and based on the wrong decision then Court will award 3 Months
Salary(as a general rule) as compensation. But Hold one, the second party might
have to pay the legal expense and a percentage of court directed amount as legal
interest/reward. This is the gift given to the innocent party by Court. Therefore
it is said above that
- Please consult the lawyers and legal consultants in dubai first, before filling
the Case.
- Please consult the lawyers even if you do not
plan to take legal action.
- Please do not file a wrong case, you might have
to pay far more than you owe to the employee or employer.
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