Illegal Termination UAE: Know Your Rights
Not every termination is legal in the UAE. If you were fired for filing a complaint, during protected leave, or without proper notice, you have the right to claim compensation. Federal Decree-Law No. 33 of 2021 protects workers against wrongful dismissal. Here is what you need to know.
What Constitutes Illegal Termination
Under UAE labour law, termination is illegal if it falls into any of these categories:
Retaliatory termination
Fired because you filed a complaint with MoHRE or reported a violation
Discriminatory termination
Dismissed based on race, gender, religion, nationality, disability, or pregnancy
Termination during protected leave
Fired during maternity leave, sick leave, or annual leave
No proper notice
Terminated without giving the contractual or legal notice period (minimum 30 days)
Termination for refusing illegal work
Fired for refusing to perform work outside your contract or that violates the law
Termination during a complaint
Dismissed while an active MoHRE complaint or court case is pending
Compensation You Can Claim
If your termination is found to be illegal, you are entitled to:
Step-by-Step: How to Claim Compensation
Document everything: Save your termination letter, messages, emails, and any evidence of the real reason for termination
File a complaint with MoHRE within one year of your termination date
Attend the mediation session — bring all evidence and a clear timeline of events
If mediation fails, your case is referred to labour court within 2 working days
At court, present your evidence. The burden shifts to the employer to prove lawful termination
The court will order compensation if it finds your termination was illegal
Legal Termination vs. Illegal Termination
Not all unwanted terminations are illegal. Your employer can legally terminate you for:
- Gross misconduct (assault, theft, fraud, intoxication at work)
- Repeated failure to perform duties after written warnings
- Absence for more than 20 non-consecutive days or 7 consecutive days without reason
- Disclosing employer trade secrets
- During probation with 14 days notice
- Redundancy due to genuine business closure or restructuring (with proper notice and benefits)
Check Your Termination Rights
Upload your employment contract and we will identify your notice period, termination clauses, and exactly what your employer owes you. This strengthens your MoHRE complaint.
Check Your ContractFrequently Asked Questions
What is considered illegal termination in UAE?
Illegal termination includes: firing someone for filing a MoHRE complaint, termination during maternity or sick leave, dismissal based on race/gender/religion/nationality, terminating without following proper notice procedures, and firing someone for refusing to do work not in their contract. Under Federal Decree-Law No. 33 of 2021, any termination that is retaliatory or discriminatory is illegal.
How much compensation can I get for illegal termination?
For illegal termination, you are entitled to: (1) compensation up to 3 months gross salary under Article 47, (2) payment for the remaining notice period, (3) all unpaid wages, (4) end-of-service gratuity, (5) unused annual leave encashment. The total can be substantial depending on your salary and length of service.
How do I prove illegal termination?
Document everything: save your termination letter/message, any communications showing the real reason for termination, evidence of filing a complaint (if terminated in retaliation), medical certificates (if terminated during sick leave), and witness statements. The burden of proof shifts to the employer to show the termination was lawful.
What is the time limit to file an illegal termination claim?
You must file your complaint with MoHRE within one year of the termination date. After that, your claim is time-barred. File as soon as possible — the sooner you file, the stronger your case and the better your chances of recovering compensation.
Can I be terminated during probation?
Yes, termination during probation is generally legal with 14 days notice. However, even during probation, your employer cannot terminate you for discriminatory reasons or in retaliation for filing a complaint. If you believe your probation termination was discriminatory, you still have the right to contest it.