Can you get fired from your UAE job if you are stuck outside the country due to COVID-19?
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A Gulf News reader received his letter of termination while he was still stuck outside the country.
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The reader had travelled for his annual vacation.
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A month after rejoining his assignment - through the remote working option - his employment was terminated.
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The reader also did not receive his housing allowance in his end-of-service benefits, which were provided to other employees that were laid off.
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Reda Hegazy, Senior Legal Advisor and Arbitrator at Al Suwaidi & Company explained the UAE's labour laws governing such cases.
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Is not being able to return to the country due to border closure a legitimate grounds for dismissal?
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No.
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An employer in the UAE cannot terminate you while you are on leave.
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However, if you fail to resume work, that can be grounds for dismissal.
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Article 120 of the UAE Labour law governs such behaviour.
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Are you justified in not returning to the office because of travel restrictions related to COVID-19?
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Yes.
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However, you may not get paid your salary if you fail to rejoin your work.
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Article 89 of the UAE Labour Law
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Article 132 of the UAE Labour Law
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If you start another job, you will not be entitled to any salary from your previous employer during that period.
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Firing someone because they are unable to return to the UAE due to COVID-19 is not allowed.
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Housing allowance is not included in end-of-service benefits calculations according to the UAE Labour Law. Read more here: https://gulfnews.com/1.1597323244315
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However, if your employment contract or the company policy expressly states that you would get your housing allowance as part of your final settlement, you are entitled to it.
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