• PART 9 PART 9 TERMINATION OF EMPLOYMENT

    • 56. Rights of Employer and Employee to minimum notice

      (1) An Employer or an Employee may terminate an Employee's employment in accordance with this section.
      (2) Subject to subsections (4) to (6), the notice required to be given by an Employer or Employee to terminate an Employee's employment, where the Employee has been continuously employed for 1 month or more, shall not be less than —
      (a) 7 days if the period of continuous employment is less than 3 months;
      (b) 30 days if the period of continuous employment is 3 months or more but less than 5years; or
      (c) 90 days if the period of continuous employment is 5 years or more.
      (3) Any provision for shorter notice in a contract of employment with an Employee who has been continuously employed for 1 month or more has effect subject to the minimums specified in subsection (2), but this section does not prevent either an Employer and Employee from agreeing to a longer period of notice nor shall it prevent either party from waiving notice or from accepting a payment in lieu of notice.
      (4) Subsection (2) does not apply where either the Employer or Employee terminates the employment for cause in accordance with section 57.
      (5) Subsection (2) does not apply where the employment of an Employee has been terminated in accordance with section 31.
      (6) Subsection (2) does not apply where the employment of an Employee is terminated in accordance with section 9(2).

    • 57. Termination for cause

      (1) The Employer may terminate an Employee's employment without notice for cause. Termination by the Employer for cause means termination due to the Employee's conduct in circumstances where a reasonable Employer would consider immediate termination to be warranted.
      (2) The Employee may terminate his employment without notice for cause. Termination by the Employee for cause means termination by reason of the Employer having —
      (a) committed a crime, the commission of which has a material and detrimental impact on the Employee;
      (b) committed a repudiatory breach of a provision of the contract of employment; or
      (c) materially contravened these Regulations, which contravention has a material and detrimental impact on the Employee.
      (3) Termination for cause does not include termination under section 31.

    • 58. Right to written statement of reasons for dismissal

      Upon the written request of an Employee who has been continuously employed for a period of not less than 1 year on the date of termination of employment, an Employer shall provide the Employee with a written statement of the reasons for the Employee's dismissal.

    • 59. Pension for UAE and GCC nationals

      Where an Employee is a UAE or GCC National, the Employer shall enrol him in the Employee's UAE pension scheme in accordance with applicable Federal legislation and he shall not be eligible to receive an end-of-service gratuity as prescribed in section 60 on termination of employment unless such Employee has the written approval of the applicable national pension authority not to participate in the Employee's UAE pension scheme and has provided a copy of that written approval to the Employer prior to the termination of employment.

    • 60. End-of-service gratuity

      (1) Subject to subsections (5) and (6), an Employee who completes continuous employment of 1 year or more is entitled to a gratuity payment at the termination of the Employee's employment, whether such termination is implemented by the Employer or the Employee but subject to subsection (4).
      (2) The gratuity payment shall be calculated as follows —
      (a) 21 days' basic wage for each year of the first 5 years of service; and
      (b) 30 days' basic wage for each additional year of service,
      provided that the total of the gratuity shall not exceed the wages of 2 years of service.

      The daily rate for the Employee's basic wage shall be calculated based on the number of days in the year and by reference to the basic wage payable to the Employee as at the date of termination of the Employee's employment. The Employer may deduct from the gratuity any amounts owed to the Employer by the Employee.
      (3) Where the termination occurs prior to the end of any full year of employment, the gratuity payment shall be calculated on a proportionate basis.
      (4) An Employee is not entitled to a gratuity payment where the employment of the Employee has been terminated by the Employer for cause as defined in section 57(1).
      (5) Where an Employer has established a pension scheme for his Employees, he shall provide in writing to the Employees the option to choose between participating in the pension scheme or receiving the end-of-service gratuity payment.
      (6) Where an Employee has received a document under subsection (5), he shall expressly state his choice in writing and submit it to the Employer.

    • 61. No other compensation rights on termination

      Other than rights under these Regulations, applicable common law and the Employee's contract of employment, an Employee shall have no other rights to compensation or payments from the Employer on the termination of the Employee's employment.