HRMS News logo

UAE dismissal without notice violations: what Article 44 covers

UAE dismissal without notice violations: what Article 44 covers

The UAE Labour Law sets out 10 violations that can lead to dismissal without notice, according to a report by Emirates 24/7 published on 19 October 2026. The article, written by Huda Tabrez, cites Article 44 of Federal Decree-Law No. 33 of 2021, the UAE’s current Labour Law.

The law covers conduct ranging from workplace misconduct to unauthorised absence, the report states. It also outlines the procedures employers must follow before a dismissal without notice can be carried out. The Emirates 24/7 report does not list the 10 violations in the extract available, nor does it detail the investigation or written procedures required.

Where Article 44 sits in the UAE Labour Law

Article 44 sits within the termination provisions of Federal Decree-Law No. 33 of 2021, which replaced the earlier Federal Law No. 8 of 1980. The 2021 law came into force on 2 February 2022 and applies to private sector employers across the UAE’s mainland, with separate rules applying in the financial free zones of the Dubai International Financial Centre and Abu Dhabi Global Market.

The law distinguishes between termination with notice, termination without notice for cause, and arbitrary dismissal. Article 44 is the without-notice provision. It allows an employer to end an employment contract immediately when an employee commits one of the listed violations. The employer does not need to serve the standard notice period, which under Article 43 ranges from 30 to 90 days depending on length of service.

What the 10 violations typically involve

Because the Emirates 24/7 extract does not reproduce the list, HR teams should consult the official text of Article 44 directly. Based on the report’s description, the violations span two broad categories: conduct-based breaches and attendance-based breaches.

Conduct-based violations generally include acts such as assaulting the employer or a colleague, committing a crime affecting the employer’s interests, disclosing confidential information, working under the influence of alcohol or drugs, and failing to perform basic duties despite warnings. Attendance-based violations typically cover unauthorised absence for a specified number of consecutive or non-consecutive days.

The key point for HR teams is that Article 44 is not a general performance management tool. It is reserved for serious breaches. Using it for minor misconduct or poor performance risks a finding of arbitrary dismissal under Article 47, which can expose the employer to compensation of up to three months’ wages.

Investigation and written procedures

The Emirates 24/7 report notes that the law covers the procedures employers must follow. In practice, this means a dismissal without notice is not automatic simply because an alleged violation has occurred. Employers are expected to investigate the facts, give the employee an opportunity to respond, and document the process.

The Ministry of Human Resources and Emiratisation (MOHRE) is the authority that oversees private sector employment disputes in the UAE. Where an employee challenges a dismissal, MOHRE will typically ask the employer to show evidence that the violation occurred and that a fair process was followed. A dismissal carried out without any investigation or written record is more likely to be treated as arbitrary.

HR teams should prepare a written investigation report, record any employee response, and issue a termination letter that cites the specific limb of Article 44 relied upon. The letter should state the effective date and confirm that no notice pay is due.

UAE dismissal without notice violations: what Article 44 covers (illustration)
Photo: SLNSW 31456 Miners marching in Hunter Street Newcastle in protest against dismis by Sam Hood, Public domain

Payroll implications of dismissal without notice

When a dismissal without notice is valid under Article 44, the employer is not required to pay salary in lieu of notice. The employee remains entitled to end-of-service benefits accrued up to the termination date, unless a separate provision of the law removes that entitlement.

Payroll teams should calculate the final settlement carefully. The employee is owed unpaid salary up to the last working day, accrued but untaken annual leave, and end-of-service gratuity calculated under Article 51. Deductions are only permitted in the limited circumstances set out in the law and its implementing regulations.

One common mistake is withholding the final settlement while a dispute is pending. The law requires employers to pay all entitlements within 14 days of the contract ending. Delaying payment can trigger additional penalties and interest, even where the dismissal itself was justified.

Steps for HR before acting

Step Action Timing
1 Document the alleged violation with evidence Immediately on discovery
2 Suspend the employee if needed, with pay During investigation
3 Issue a written notice of the allegation Before any decision
4 Hold a meeting and record the employee’s response Within a reasonable period
5 Issue a written termination letter citing Article 44 After the investigation concludes

This table is a practical framework based on the law’s procedural requirements as described in the Emirates 24/7 report. It is not a substitute for legal advice on a specific case.

What HR should confirm locally

The UAE Labour Law applies across the seven emirates, but free zones such as Jebel Ali Free Zone, Dubai Multi Commodities Centre and Abu Dhabi Global Market have their own employment regulations. Some free zone rules mirror Article 44 closely; others differ on notice periods and disciplinary procedures.

HR teams should confirm which framework governs each employee before relying on Article 44. For mainland employees, MOHRE is the relevant authority. For free zone employees, the applicable free zone authority may handle disputes under its own rules.

Sources: Emirates 24/7

Photo: Cheap labour working of new subway line in Dubai, UAE (9426902759) by Jeroen Komen from Utrecht, Netherlands, CC BY-SA 2.0

administrator

Related Articles