Arbitrary Dismissal from Work in the UAE
Arbitrary dismissal from work in the UAE does not mean every dismissal that feels unfair; it has a precise legal definition with a specific compensation attached to it. Under the Federal Decree-Law Regulating Labour Relations, terminating a worker is unlawful when the reason is that the worker filed a serious complaint with the Ministry of Human Resources and Emiratisation or brought a court case against the employer that was proven valid. In that case the worker is entitled to compensation assessed by the court of up to three months' wages, in addition to notice pay, end-of-service gratuity and all other entitlements.
Dismissal without a stated reason but with the full notice period is, in most cases, a lawful termination, while immediate dismissal without notice is only permitted in specific situations and after a written investigation. In this article a labour lawyer in Dubai from AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS explains when your dismissal is truly arbitrary, how much the compensation is, and the steps and deadlines you must follow so that your rights are not lost.
When is arbitrary dismissal from work in the UAE an unlawful termination that entitles you to compensation?
What is arbitrary dismissal from work in the UAE under the current law?
The old labour law treated a dismissal as arbitrary whenever the reason was unrelated to the work. The current law has narrowed the concept and renamed it "unlawful termination of the worker's service". Arbitrary dismissal in the UAE today is one clear situation: your employer dismisses you in retaliation for filing a serious complaint with the Ministry or bringing a case against him that was proven valid.
This does not mean that dismissal in every other situation is automatically correct. If you were dismissed without notice outside the cases set by law, or without a written investigation, or your entitlements were not paid, you have full financial rights that you can claim through a labour complaint; the legal characterisation, however, differs from an arbitrary-dismissal claim. We explained this distinction in detail in our article: When is the dismissal of a worker considered arbitrary under UAE Labour Law, and what steps can he take to recover his rights.
The difference between arbitrary dismissal, termination with notice and dismissal without notice
The point most people searching for their rights confuse is the distinction between three forms of ending an employment contract, each with different financial consequences:
Termination with notice (lawful termination)
Either party may terminate the contract for a legitimate reason by written notice of no less than 30 days and no more than 90 days. You are entitled to your full wage for the notice period, end-of-service gratuity, pay for unused leave and a return ticket where due. Whoever ends the contract without observing the notice period pays the other party a notice allowance equal to the wage for the remaining period.
Dismissal without notice (disciplinary dismissal)
Permitted only in exhaustive cases such as impersonation or submitting forged documents, causing serious material loss, assault, or unjustified absence of more than 20 intermittent days or 7 consecutive days. A written investigation and a written, reasoned dismissal decision handed to the worker are required; otherwise the dismissal is defective and you recover your full entitlements including notice pay.
Arbitrary dismissal (unlawful termination)
Dismissal because of a serious complaint or a case proven valid. Here, in addition to everything above, you receive a special compensation assessed by the court, capped at three months' wages calculated on the last wage you received.
How much is arbitrary dismissal compensation in the UAE and how does the court assess it?
Compensation for arbitrary dismissal from work in the UAE is not a fixed figure. The competent court assesses it against three criteria: the type of work, the extent of the harm you suffered, and your length of service. The ceiling in all cases is three months' wages calculated on the last wage you received, meaning the total wage and not the basic wage only.
Importantly, nothing is deducted from this compensation and it does not replace your other rights. Alongside it you are entitled to:
Notice allowance for the period the employer failed to observe.
End-of-service gratuity: 21 days' wage for each of the first five years of service and 30 days' wage for each year thereafter, capped at two years' wages, calculated on the basic wage.
Unpaid wages and payment for unused annual leave.
Up to two months' wages if payment of your wage stopped because of the dispute; the Ministry may order the employer to pay it while the dispute is pending.
A return ticket to your home country where due under the contract or the law.
Dismissal without notice: when is it valid and when does it become unlawful dismissal?
Many companies use the term "immediate dismissal" to avoid paying notice and end-of-service gratuity. The law allows dismissal without notice only in exhaustively listed cases and ties them to strict formal conditions:
A written investigation with the worker before the dismissal decision.
A written, reasoned dismissal decision delivered to the worker.
In the case of serious material loss, the Ministry must be notified within 7 working days of learning of the incident.
For disciplinary penalties generally, a worker may not be charged with a violation more than 30 days after it is discovered, and no penalty may be imposed more than 60 days after the investigation concludes.
If any of these conditions is missing, the dismissal loses its legal basis and you may claim notice pay and full end-of-service gratuity. This is precisely where a labour lawyer in Dubai adds value: characterising the facts correctly before the Ministry and the court.
Steps to claim your rights after arbitrary dismissal from work
The route in the UAE is mandatory and sequential: the court will not accept your case unless you go through the Ministry first and observe the deadlines. In brief:
Documentation
Gather your documents before any step
Employment contract, latest payslips, the dismissal letter or termination message, the investigation record if any, any earlier complaint you filed with the Ministry, and correspondence with management. Arbitrary dismissal is proven by the time link between the complaint and the dismissal, so the date on every document matters.
Complaint
File a labour complaint with the Ministry of Human Resources and Emiratisation
Filed through the app, the call centre or service centres. The Ministry examines the complaint and attempts an amicable settlement between the parties.
Settlement
Ministry decision for claims up to AED 50,000
If your claim does not exceed AED 50,000 the Ministry decides it by a decision that has the force of a writ of execution; either party may challenge it before the Court of First Instance within 15 working days of notification, and the court's judgment is final. For larger claims where settlement fails, the complaint is referred to the court within 14 days with a memorandum containing the Ministry's recommendation.
Litigation
File the labour case before the competent court
The court sets a hearing within 3 working days and decides promptly. Labour cases are exempt from court fees if the claim does not exceed AED 100,000, and you may claim the compensation, notice pay and end-of-service gratuity together in one case.
Enforcement
Enforce the judgment or the Ministry decision
Once the final judgment is issued an enforcement file is opened under the Civil Procedure Law, and the establishment's accounts and assets may be attached to recover the amounts awarded.
For the procedural details of each stage, what to sign and what to refuse on dismissal, see our article: Your legal rights and the correct procedures when dismissed from work.
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Most arbitrary-dismissal cases are won or lost on documents, not on words. Whoever signs a release before receiving his entitlements, or waits until the two-year limit is near, loses a large part of his right before ever entering the courtroom.
Lawyer Awadh Almheiri
Legal deadlines that must not be missed in arbitrary dismissal cases
14 days
Time for the Ministry to refer the complaint to the court when amicable settlement fails
15 working days
Time to challenge the Ministry's decision before the Court of First Instance for claims up to AED 50,000
2 years
No claim for any labour right is heard after two years from the end of the employment relationship
Practical tips before filing an arbitrary dismissal complaint
Do not sign the final settlement before review
Your signature on a release or settlement will be used against you later; ask for an itemised statement first and consult a lawyer before signing.
Keep proof of your earlier complaint
The complaint number and date at the Ministry are the basis for proving arbitrary dismissal, because the law requires the dismissal to be due to a serious complaint or a case.
Ask for the dismissal decision in writing
If you were dismissed without notice you are entitled to a written, reasoned decision. Its absence is evidence in your favour.
Do not walk out on your own
Abandoning work without a legitimate reason may be recorded against you and bar you from a new work permit for one year. If the breach is the employer's, notify the Ministry 14 working days before leaving.
Regularise your residency status quickly after referral
Once the complaint is referred to the court you must register the case and regularise your status in the country promptly; a temporary work permit may be requested during the dispute.
Legal references
Federal Decree-Law No. 33 of 2021 Regulating Labour Relations
Federal Decree-Law No. 9 of 2024 amending certain provisions of Federal Decree-Law No. 33 of 2021 Regulating Labour Relations
Cabinet Resolution No. 1 of 2022 on the Executive Regulations of Federal Decree-Law No. 33 of 2021
Federal Decree-Law No. 42 of 2022 Promulgating the Civil Procedure Law
Frequently asked questions about arbitrary dismissal from work in the UAE
Dubai
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS provides labour lawyer services in Dubai for arbitrary dismissal from work cases, arbitrary dismissal compensation, end-of-service gratuity, notice pay, labour complaints before the Ministry of Human Resources and Emiratisation, and cases before the Dubai Labour Court.
Other emirates
We handle arbitrary dismissal from work cases and labour disputes in Abu Dhabi, Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah and Fujairah before the competent federal and local courts.

