Dubai free zone employer rights: Can you fire staff over unauthorised leave?
Question: I run a small company in a free zone in Dubai. An employee of mine took a long leave without getting the absence approved. He had filed for the leave, but I did not approve it. He returned to work and claimed he had to take the leave due to an emergency. I wish to terminate him. Please let me know about the process.
Answer: Pursuant to your queries, as you have not mentioned in which free zone your company is incorporated in Dubai, we assume that the free zone where your entity is registered is governed by the provisions of UAE employment law.
In the UAE, an employee is entitled to 30 (thirty) calendar days of paid annual leave in a year. This is in accordance with Article 29(1) (a) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘UAE Employment Law’), which states, “Without prejudice to the rights accruing to the employee prior to the entry into force of this Decree-Law, the employee shall be entitled to a paid annual leave of not less than (30) thirty days a year for each year of service.”
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Further, an employer may decide the timing of the leave based on work requirements, usually in agreement with an employee or by arranging leave schedules among employees to ensure smooth work. An employer should inform an employee of the approved leave dates at least one month in advance. This is in accordance with Article 29(4) of the UAE Employment Law, which states, “The employee shall use his leave in the year of entitlement. The employer may fix the date of leave according to the work requirements and in agreement with the employee, or rotate leave among employee for the smooth progress of work and shall notify the employee of the date of his leave at least (1) one month before the same.”
An employer may dismiss an employee without giving notice, but only after conducting a written investigation and issuing a written and justified dismissal decision. One of the situations in which such dismissal is permitted is where an employee is absent from work without a legitimate reason accepted by the employer for more than 20 intermittent days within one year, or for more than 7 consecutive days. This is in accordance with Article 44 (8) of the UAE Employment Law,
“The employer may dismiss the worker without notice after conducting a written investigation with him and the dismissal decision shall be in writing and justified and the employer or its representative shall hand it over to the worker in any of the following cases:
8. The employee is absent without a legitimate reason or excuse accepted by the employer for more than (20) twenty intermittent days during one year or more than (7) seven consecutive days.”
In accordance with the aforementioned provisions of the law, an employee’s unauthorised absence may be treated as misconduct wherein you may dismiss an employee without giving notice, but only after conducting a written investigation and issuing a written and justified dismissal decision. Further, you should follow the due process by issuing a notice and considering the employee’s explanation, including the stated emergency.
Applicable law:
The Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
