Under the UAE Labour Law, a dismissal is "unlawful" in the legal sense when an employer ends your job because you made a serious complaint to MoHRE or filed a lawsuit against them that proves valid. A court can then award compensation of up to three months' wage, on top of your notice pay and gratuity. Other unfair dismissals are usually argued as claims for notice, unpaid dues or a dismissal that did not follow the legal procedure. In every case the route starts with a MoHRE complaint, and a well-organised file makes the biggest difference.
Who this guide is for
This guide is for private-sector employees in mainland companies and non-financial free zones who believe they were dismissed unfairly or without the correct procedure. It follows Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (the Labour Law), Cabinet Resolution No. 1 of 2022 and MoHRE's complaint resolutions.
Employees in the DIFC and ADGM have separate employment laws and courts. Domestic workers are covered by Federal Decree-Law No. 9 of 2022. Government employees follow their own HR laws.
The legal framework in brief
- Ending a contract with notice (Article 43). Either party may end the contract for a legitimate reason with written notice of 30 to 90 days. You are paid your full wage during notice. If the employer ends the contract, you may take one unpaid day a week to look for work. The party that skips notice owes a notice allowance.
- Dismissal without notice (Article 44). An employer may dismiss without notice only in listed cases, such as forged documents, serious loss caused by the worker's error, safety breaches, assault at work, or absence without a valid reason for more than 20 non-consecutive days in a year or more than 7 consecutive days. The employer must first hold a written investigation, and the dismissal decision must be written, give reasons and be handed to the worker.
- Unlawful termination (Article 47). Termination is unlawful if it happens because the worker made a serious complaint to MoHRE or filed a lawsuit against the employer that proves valid. The court sets fair compensation based on the type of work, the harm caused and length of service. It cannot exceed three months' wage, calculated on the last wage (as of September 2026, per the MoHRE-published law text and the UAE Government portal). Notice pay and gratuity are still owed on top.
- Probation (Article 9). During probation (up to six months), the employer must give at least 14 days' written notice to end the contract.
- Sickness (Article 46). An employer may not dismiss for medical unfitness before the worker has used their legal leave.
- Notice during leave (Article 35). If notice is given while you are on leave, it normally starts the day after you are due back, unless you both agree otherwise.
Step by step
- Get the decision in writing. Ask for the termination letter and the reason. If none is given, ask by email and keep the reply.
- Write a timeline the same day. Include dates, meetings, who said what and any warnings or investigations.
- Identify the type of termination. With notice (Article 43), without notice (Article 44), during probation, or after a complaint or lawsuit (Article 47).
- Check the procedure. For dismissal without notice, was there a written investigation and a written, reasoned decision?
- Work out the money. List notice pay, final wages, unused leave, gratuity and any other contract benefits. Use the gratuity calculator for an estimate.
- Keep working if you are serving notice. Leaving early can create a claim against you.
- Get free advice. MoHRE's Labour Claims and Advisory Call Centre is on 80084.
- File a MoHRE complaint in time. MoHRE's guidance and Ministerial Resolution No. 782 of 2023 refer to filing within 30 days of the breach, through the MoHRE app, website or 600590000.
- Take part in MoHRE's settlement stage. MoHRE aims to resolve complaints within 14 days. For claims up to AED 50,000, MoHRE can decide the dispute itself, and its decision is enforceable. Either side may bring a case before the competent Court of First Instance within 15 working days of being notified, which suspends the decision (Article 54, as amended in 2024).
- If referred to court, register quickly. Ministerial Resolution No. 47 of 2022 requires the worker to register the case with the court within 14 days of the referral. Our guide on what to do after a court referral covers this stage.
- Diary your deadlines. Use the legal deadline organiser so the 30-day and 14-day windows are not missed.
Documents checklist
Build your evidence file with the evidence checklist builder. Typical items:
- MoHRE employment contract, offer letter and any renewals
- Termination letter and any investigation notes or warnings
- Your MoHRE complaint or lawsuit and its date (for an Article 47 claim)
- Emails and messages around the dismissal, saved with dates
- Payslips, bank statements and the final-settlement sheet
- Performance reviews, appraisals or praise that contradict the stated reason
- Attendance, leave and medical records
- Names of witnesses and what they saw
- Your timeline and a one-page claim summary with amounts
Common mistakes
- Assuming every unfair dismissal gets Article 47 compensation. The three-month compensation in Article 47 is tied to dismissal after a complaint or lawsuit. Other cases usually involve notice, dues and procedure.
- Resigning in anger. A resignation letter can change the legal picture. Take advice before sending one.
- Signing a settlement without checking it. Read any "full and final" document carefully and compare it with your own list of dues.
- Waiting too long. MoHRE refers to a 30-day complaint window. Article 54(9) of the Labour Law, as amended in 2024, says claims are not heard after two years from the end of employment. Some UAE Government portal pages still say one year, so do not rely on the outer limit.
- Bringing an unsorted folder. A short timeline, a table of amounts and labelled documents are easier for MoHRE and the court to follow.
- Overstating the claim. Claim each amount separately and show how you calculated it.
When to speak to a licensed lawyer
Many dismissal disputes are settled at MoHRE without a lawyer, and labour claims up to AED 100,000 are exempt from court fees under Article 55. Advice is worth considering if the employer alleges misconduct or a crime, if the claim is above AED 50,000 and heading to court, if you are in the DIFC or ADGM, or if the facts are complex. If you choose, CaseDaleel can introduce you to an independent licensed professional. You can also start with a free case check.
Frequently asked questions
What is the maximum compensation for unlawful termination?
Under Article 47 it cannot exceed three months' wage, based on the last wage, and it is in addition to notice pay and gratuity.
Can my employer dismiss me without notice?
Only in the cases listed in Article 44, and only after a written investigation with a written, reasoned decision handed to you.
How long is the notice period?
Whatever your contract says, within the legal range of 30 to 90 days under Article 43.
Do I lose my gratuity if I am dismissed?
Gratuity depends on completed service under Article 51, and Article 47 says unlawful-termination compensation does not affect it.
Can MoHRE decide my case without court?
Yes, for claims up to AED 50,000, or where a party has not complied with an earlier MoHRE settlement decision, MoHRE can decide the dispute itself. Either side can take the decision to the competent Court of First Instance within 15 working days of being notified.
Do I pay court fees?
Under Article 55, labour claims up to AED 100,000 are exempt from judicial fees (as of September 2026).
Can I start a new job while the case is running?
MoHRE says a worker may apply for a temporary work permit with a new employer during a court case, unless reported for work abandonment.
Official sources
- UAE Government portal — Terminating employment contracts and arbitrary dismissal
- MoHRE — Federal Decree-Law No. 33 of 2021 and Cabinet Resolution No. 1 of 2022 (consolidated PDF)
- UAE Government portal — Resolving labour disputes
- MoHRE — Ministerial Resolution No. 782 of 2023 on resolving individual labour complaints (PDF)
- MoHRE — Dear Worker: Know Your Rights
- UAE Legislation — Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations (official Arabic text)
General information, not legal advice. CaseDaleel is not a law firm.