A limited contract cannot exceed two years' term and it must mention the notice period ranging from a minimum of one month to a maximum of three months.
Either party can singly terminate the original contract or a renewed contract provided he complies with the legal consequences of early termination which include:
- notifying in writing at least one month in advance but no longer than three months
- honouring the contact obligation for the duration of the notice
- compensating the other party to the level that was agreed to by both parties, provided this does not exceed the equivalent of three months' gross wages.
Basis for termination
A limited contract can be terminated on the following bases:
- an employee contract is terminated if the term of the contract expires and is not renewed.
- if both, the employer and employee mutually agree to end it.
- if a worker commits any of the violations as mentioned under Article 120 of the Labour Law.
In case of unlimited contracts, an employment relation is terminated in one of the following instances:
- Both employer and employee mutually agree to terminate the contract.
- When either party decides, at any time, to terminate the contract provided that the terminating party abides by the legal notice requirements and continues to honour his obligations for the duration of the notice period, which cannot be less than one month and no longer than three months.
- When either party acts unilaterally to terminate the contract, without complying with the legal notice and without reasons of default by the other party - in this case, the terminating party bears the legal consequences of early termination.
Termination without notice
An employment contract, whether limited or unlimited can be terminated without notice period by either party in accordance of the UAE Labour Law.
Termination of contract without notice by the employer
An employer can terminate an employment contract without notice period if the employee:
- adopts a false identity or nationality or if he submits forged documents or certificates
- is appointed under a probationary period and dismissal occurred during or at the end of said period
- commits an error causing substantial material loss to the employer provided that the latter advises the labour department of the incident within 48 hours from having knowledge of the same
- violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at conspicuous places or verbally informed to an illiterate employee
- fails to perform his basic duties under the employment contract and persists in violating them despite formal investigation with him in this respect and warning him of dismissal if the same is repeated
- divulges any secrets of the establishment where he is employed
- is awarded final judgement by the competent court in respect of an offence prejudicing honour, honesty or public morals
- during working hours, is found drunk or under the influence of prohibited drugs
- in the course of his work, commits an assault on the employer, the manager or any of his colleagues
- absents himself without lawful excuse for more than 20 intermittent days or for more than 7 successive day during one year.
Termination of contract without notice by the employee
An employee can terminate an employment contract without notice period if:
- the employer has failed to meet contractual or legal obligations towards the worker (for example, if he fails to pay wages for a period exceeding 60 days)
- the employee has filed a court complaint against an employer who has failed to secure employment of the worker (for example, in case of a business shutdown or if the business has been inactive for a period exceeding two months)
- the final ruling for a labour complaint referred to the labour court by MoHRE is in favour of the worker.
After termination of employment contract and cancellation of work visa, the terminated employee is granted a 30-day grace period from the date of cancellation, where he can either obtain a new residence permit or leave the country. Illegal residents are liable to be fined/deported.
Updated on 24 Sep 2017