Question: I joined a company in mainland Dubai as a sales executive, but it closed down within three months, before my probation period ended. Can I seek compensation since I wasn’t informed about the closure? Am I eligible for any end-of-service benefits even though I haven’t completed a year of employment? Please advise.
Answer: Based on your query, it seems your employer ended your probationary employment without providing the required notice.
In the UAE, employers can terminate employees during probation by giving a 14-day written notice, as outlined in Article 9 (1) of Federal Decree-Law No. 33 of 2021 on Employment Relationships, which states:
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“An employer can hire an employee on probation for up to six months. During this period, the employer can terminate the employee by giving at least 14 days’ written notice before the termination date.”
Moreover, employees are entitled to end-of-service benefits only after completing a year of continuous service with the employer, according to Article 51(2) of the Employment Law:
“A full-time foreign employee who has completed a year or more of continuous service is eligible for end-of-service benefits based on the basic salary, as follows:
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a. 21 days’ salary for each year of the first five years;
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b. 30 days’ salary for each year beyond that period.”
Therefore, if your employment ended before a year, you aren’t eligible for end-of-service gratuity.
However, your employer must pay all dues up to your last working day, including any unpaid salary, accrued leave (if applicable), and notice period salary if they didn’t provide the required notice.
According to the law, you can claim unpaid salary, any due leave, and the 14-day notice period salary. If your employer hasn’t settled these, you can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE).
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates, qualified to practice law in Dubai, the UK, and India. Full details at: www.amalawyers.com. Send questions to: news@khaleejtimes.com or Legal View, Khaleej Times, PO Box 11243, Dubai.
