The legendary Greek-Russian conductor Teodor Currentzis, who is all set to perform at the Dubai Opera next week, on music transcending cultural and language barriers
Answer:
We assume that you have received the letter of redundancy from your employer while you are in your home country after the completion of your annual vacation and we further assume that you are employed in a mainland company based in the UAE. It is also assumed that your employer is incorporated in the mainland of the UAE and therefore, the provisions of Federal Law No. (8) of 1980 regulating employment relations in the UAE (the 'Employment Law') shall be applicable.
"Without prejudice to cases where the employer has the right to dismiss the employee without notice or gratuity as prescribed herein, the employer may not dismiss an employee or serve him with a notice of dismissal during his leave as is provided for in this section."
"Remuneration due to an employee plus that of the approved leave under this law shall be paid in full by the employer to the employee before the latter's departure on annual leave."
However, taking into account that you received a letter of redundancy from your employer after your annual vacation ended and considering that you are currently outside the UAE due to which you are unable to resume work, it may be noted that your employer may be permitted to terminate your employment contract while you are outside the UAE. This is in accordance with Article 120 (j) of the Employment Law, which states:
"An employer may dismiss an employee without notice if the employee:
Based on the aforementioned provisions, your employer may be permitted to terminate your employment contract. However, if you opine that the termination of your employment contract is arbitrary, you may approach the Ministry of Human Resources and Emiritisation (the Mohre) and thereafter, the court which has jurisdiction to hear the matter if necessary. This is in accordance with Article 122 of the Employment Law, which states:
Further, you may also claim compensation of up to three months' salary for arbitrary dismissal from your employment. This is in accordance with Article 123 of the Employment Law, which states:
(a) Where an employee is arbitrarily dismissed, the competent court may order the employer to pay him compensation. The court shall assess such compensation with due regard to the nature of the work, the amount of prejudice he has sustained and his period of service, and after investigating the circumstances of the work. The amount of the compensation shall in no case exceed the employee's remuneration for three months calculated on the basis of the last remuneration he was entitled to.
Know the law
Where an employee is arbitrarily dismissed, the competent court may order the employer to pay him compensation.
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