Unfair Dismissal in UAE — How to File a Complaint (2026)

Getting fired is stressful anywhere. In the UAE, where your residence visa is tied to your employment, losing your job means you also face a ticking clock on your legal right to stay in the country. Federal Decree-Law No. 33 of 2021 — the UAE's current labour law — provides specific protections against unfair dismissal, but the process for claiming compensation is time-sensitive and procedurally strict. This guide covers what qualifies as unfair dismissal, how to file a complaint, what compensation you can claim, and when you need a lawyer. For a broader overview of employment rights, see our labor lawyer guide.

What Is Unfair Dismissal Under UAE Law?

Unfair dismissal (also called arbitrary dismissal) under Article 47 of Federal Decree-Law No. 33 of 2021 occurs when an employer terminates an employee for reasons unrelated to work performance or for retaliatory reasons — such as filing a complaint with MOHRE, refusing illegal instructions, or exercising a legal right. The burden of proof falls on the employee to demonstrate the dismissal was arbitrary.

UAE labour law distinguishes between lawful termination and arbitrary (unfair) dismissal. The law does not prevent employers from terminating employees — it penalizes employers who do so for improper reasons.

Under the previous law (Federal Law No. 8 of 1980), arbitrary dismissal was broadly defined but poorly enforced. The 2021 law, which took effect on February 2, 2022, introduced clearer standards.

A dismissal is considered arbitrary if it is proven that the termination was:

• Retaliatory: The employer terminated the employee for filing a legitimate complaint with the Ministry of Human Resources and Emiratisation (MOHRE) or for initiating legal proceedings related to the employment relationship
• Discriminatory: Based on race, colour, sex, religion, national origin, social origin, or disability — in violation of the UAE's anti-discrimination framework
• Punitive for exercising a legal right: The employee was terminated for taking legally permitted sick leave, maternity leave, or parental leave
• Unrelated to work: The termination had no connection to the employee's work performance, conduct, or the operational needs of the business

What is not considered arbitrary dismissal:

• Termination during or at the end of probation (with proper notice)
• Termination for gross misconduct under Article 44 (theft, assault, reporting to work intoxicated, disclosing confidential information, absence without justification for 20+ intermittent days per year)
• Redundancy due to genuine business closure or restructuring
• Termination with proper notice and valid work-related reasons (poor performance with documented warnings)

What Compensation Can You Claim for Unfair Dismissal?

Employees who prove unfair dismissal are entitled to compensation of up to three months' gross salary (basic salary plus allowances). The amount is determined by the court based on the nature of the work, the extent of damage suffered, the duration of employment, and the circumstances of the dismissal. This compensation is separate from end-of-service gratuity and notice period pay.

The compensation framework under Article 47:

Critical distinctions:

Unfair dismissal compensation is capped at three months. Unlike some jurisdictions where unfair dismissal claims can result in reinstatement or unlimited damages, UAE law caps the monetary remedy. The court will not order the employer to reinstate the employee.

The three-month cap is calculated on gross salary. This includes basic salary plus regular allowances (housing, transport, etc.) but excludes overtime, commissions, and one-time bonuses unless these form a regular and consistent part of the compensation package.

End-of-service gratuity is owed regardless. Whether the dismissal is fair or unfair, the employee is entitled to gratuity calculated under Article 51. The only exception is termination for gross misconduct under Article 44 — and even then, the employee retains gratuity rights if they have served more than one year.

The 30-day grace period matters. After termination, the employee has 30 days to find new employment, switch to a different visa, or leave the country. During this grace period, the employee can file complaints, attend MOHRE mediation, and take legal steps. After 30 days, staying in the UAE without a valid visa exposes the employee to overstay fines and potential entry bans.

For a detailed breakdown of gratuity calculation, see our guide on end-of-service gratuity in UAE.

How Do You File an Unfair Dismissal Complaint with MOHRE?

File a complaint through the MOHRE app or website within one year of termination. MOHRE will attempt mediation within 14 days. If mediation fails, MOHRE refers the case to the Labour Court. You cannot bypass MOHRE and go directly to court — mediation is a mandatory first step for all employment disputes in the UAE.

The process step by step:

Step 1: Gather your evidence (Before filing)

Before contacting MOHRE, collect everything that supports your claim:

• Employment contract (original or copy)
• Termination letter (if provided — many employers deliver termination verbally, which itself may be a procedural violation)
• Salary slips for the last 6–12 months
• Performance reviews showing satisfactory or good performance
• Any written communications (email, WhatsApp, internal messaging) showing the real reason for termination
• Evidence of the retaliatory or discriminatory motive (e.g., complaint you filed, leave you requested, incident that triggered the dismissal)
• Witness statements from colleagues (if available and willing)

Step 2: File the complaint with MOHRE (Day 1)

Use the MOHRE app (available on iOS and Android), the MOHRE website, or call the MOHRE helpline at 600 590000. You can also visit a Tasheel service centre in person.

The complaint should include:

• Your personal details and labour card number
• Employer's name and trade license number
• Date of termination
• Summary of why you believe the dismissal was arbitrary
• Amount claimed (unfair dismissal compensation, unpaid salary, gratuity, leave encashment)

Step 3: MOHRE mediation (Days 1–14)

MOHRE assigns a mediator who contacts both parties. The mediator attempts to resolve the dispute within 14 days. Mediation sessions can be conducted in person at MOHRE offices or remotely by phone.

Possible outcomes:

• Settlement: Both parties agree on compensation terms. MOHRE formalizes the settlement, which becomes legally binding.
• Partial settlement: Parties agree on some claims (e.g., gratuity) but not others (e.g., unfair dismissal). MOHRE refers the unresolved claims to court.
• No settlement: MOHRE issues a referral letter to the Labour Court. This letter is required to file a court case.

Step 4: Labour Court proceedings (If mediation fails)

If mediation does not resolve the dispute, MOHRE refers the case to the Labour Court (a division of the Court of First Instance). You must file the court case within two weeks of receiving the MOHRE referral letter.

Labour Court cases in Dubai are heard at the Dubai Courts in Al Garhoud. The court process includes:

• Filing the claim with supporting documents
• Payment of court fees (typically 5% of the claimed amount, capped at AED 40,000)
• Hearing date assignment (usually within 2–4 weeks)
• Exchange of memoranda between parties
• Judgment (typically within 2–4 months for straightforward cases)

What Evidence Do You Need to Prove Unfair Dismissal?

The employee bears the burden of proving that the dismissal was arbitrary. Strong evidence includes written termination reasons that do not match documented performance, proximity of termination to a protected activity (complaint, leave request), inconsistent treatment compared to similarly situated colleagues, and absence of progressive disciplinary measures before termination.

UAE courts evaluate unfair dismissal claims based on the totality of evidence. No single piece of evidence is decisive, but certain patterns are persuasive:

Strong evidence of unfair dismissal:

• Termination within days or weeks of filing a MOHRE complaint
• Termination immediately after returning from maternity/paternity leave or sick leave
• Written communications from the employer showing discriminatory or retaliatory intent
• Performance reviews showing consistent good performance contradicting the stated reason for termination
• Lack of any written warnings or performance improvement plans before termination
• Multiple employees terminated after a collective complaint or unionization attempt

Weak evidence (unlikely to succeed alone):

• Verbal claims without corroborating documentation
• Subjective feelings of unfairness without specific evidence of prohibited motive
• Performance-related termination where the employer has documented warnings
• Disagreements with management decisions or company policies

Evidence the employer will present in defense:

• Written warnings and performance improvement plans
• Documentation of misconduct (attendance records, incident reports)
• Evidence of legitimate business restructuring or redundancy
• Compliance with contractual notice period requirements

The practical reality: most UAE employment disputes settle during MOHRE mediation because both parties want to avoid the cost and delay of court. Employers know that even a moderate risk of an unfair dismissal finding makes settlement cheaper than litigation. Employees know that the three-month cap limits their upside. The negotiation typically lands somewhere between one and three months' salary.

What Protections Exist During Probation?

Employees on probation (maximum six months under the 2021 law) can be terminated with 14 days' written notice. Probationary termination is generally not considered arbitrary dismissal, but the 14-day notice requirement is mandatory — failure to provide it entitles the employee to 14 days' compensation in lieu of notice.

The probation rules under Articles 9–10 of Federal Decree-Law No. 33 of 2021:

The key protection during probation is the notice period. If the employer terminates without giving 14 days' notice, the employee is entitled to compensation equal to 14 days' salary. This is a straightforward claim that does not require proving unfair dismissal.

However, probation does not give employers carte blanche. If a probationary employee can demonstrate that the termination was discriminatory (based on gender, nationality, religion) or retaliatory (for reporting safety violations, for example), the anti-discrimination protections under Federal Decree-Law No. 2 of 2015 may still apply. These claims are separate from the unfair dismissal framework and have different procedural requirements.

Unfairly dismissed? Find a labor lawyer on FindLawyer. Find a Labor Lawyer in Dubai →

What Happens to Your Visa After Termination?

After termination, the employer must cancel the employee's work permit and residence visa. The employee receives a 30-day grace period to find new employment, transfer to a dependent visa, or leave the UAE. Overstaying beyond 30 days incurs fines of AED 50 per day for the first year and AED 100 per day thereafter, plus potential entry bans.

The visa timeline after termination:

Days 1–30 (Grace period): The employee can legally remain in the UAE. During this period, the employee can:

• Accept a new job offer and have the new employer initiate a work permit transfer
• Switch to a dependent visa (if a spouse or parent can sponsor)
• Apply for a job seeker visa (available for certain salary brackets and qualifications)
• File complaints with MOHRE and attend mediation
• Settle outstanding financial matters

After Day 30: The employee is technically overstaying. Fines accrue daily. The overstay period also affects the employee's ability to obtain future UAE visas.

Employer obligations:

• Cancel the work permit within 30 days of termination
• Cancel the residence visa (or the employee does it at GDRFA)
• Provide a one-way repatriation ticket to the employee's home country
• Pay all outstanding dues (final salary, gratuity, leave encashment) within 14 days of termination

If the employer fails to cancel the visa, the employee can request cancellation through MOHRE. An uncancelled visa creates problems for both parties — the employer continues to be the legal sponsor (with associated liabilities), and the employee cannot obtain a new work permit until the old one is cancelled.

For employees who are also navigating visa sponsorship for family members, see our guide on how to sponsor family members in UAE.

When Should You Hire a Labor Lawyer?

Hire a labor lawyer when the MOHRE mediation fails and the case is referred to court, when the claim amount exceeds AED 50,000, when the employer is a large company with in-house legal counsel, or when the dismissal involves discrimination or harassment allegations that require sensitive evidence handling. For straightforward cases under AED 20,000, self-representation through MOHRE is usually sufficient.

A cost-benefit framework:

Labour lawyer fees in Dubai typically range from AED 5,000–15,000 for an unfair dismissal case through MOHRE mediation, and AED 15,000–40,000 if the case goes to court. Some lawyers work on a contingency basis (taking a percentage of the award), but this is less common in the UAE than in Western jurisdictions.

Free or low-cost options:

• MOHRE mediation is free
• The Dubai Foundation for Women and Children offers legal assistance for domestic workers and vulnerable employees
• Some law firms offer free initial consultations
• Legal aid may be available for employees below certain income thresholds — see our guide on pro bono legal help in UAE

What Are the Special Rules for DIFC and ADGM Employees?

Employees working in the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM) are governed by separate employment laws — not the Federal Decree-Law No. 33 of 2021. DIFC Employment Law No. 2 of 2019 and ADGM Employment Regulations 2019 have their own unfair dismissal provisions, complaint mechanisms, and tribunals. Do not file with MOHRE if you work in DIFC or ADGM.

The UAE's financial free zones operate under common law systems with independent courts:

The most significant difference: DIFC and ADGM do not cap unfair dismissal compensation at three months. Courts in these jurisdictions can award damages based on the actual loss suffered by the employee, which can include lost future earnings, damage to reputation, and emotional distress — potentially far exceeding the mainland cap.

If you work in DIFC, file complaints through the DIFC Courts Small Claims Tribunal (for claims under USD 500,000) or the DIFC Court of First Instance (for larger claims). For ADGM, file through the ADGM Courts.

Frequently Asked Questions

Can I be fired without a reason in the UAE?

Under the 2021 law, the employer must provide a valid reason for termination related to the employee's work performance, conduct, or the operational needs of the business. However, the law does not require detailed justification — a general statement like "restructuring" or "performance" is often considered sufficient unless the employee can prove otherwise. The practical reality is that proving the stated reason is pretextual requires strong documentary evidence.

How long do I have to file an unfair dismissal complaint?

You have one year from the date of termination to file a complaint with MOHRE. If MOHRE refers the case to court, you have an additional two weeks from the referral date to file the court case. Missing these deadlines means losing the right to claim. File as early as possible — evidence is fresher and the 30-day grace period creates urgency.

Can I work for another employer while my unfair dismissal case is pending?

Yes. Your right to seek new employment is not affected by a pending labour case. If you find a new job and obtain a new work permit, this does not weaken your unfair dismissal claim. The new employer initiates the work permit transfer process independently. However, if you leave the UAE and do not attend court hearings, your case may be dismissed.

Does unfair dismissal affect my ability to get a new work permit?

Under the 2021 law, there is no labour ban for terminated employees. The previous system of automatic six-month or one-year labour bans was abolished. You can immediately seek and accept new employment with any UAE employer, regardless of how or why you were terminated. The employer cannot impose a non-compete that prevents you from working in the UAE generally — non-competes are limited in scope and duration under Article 10.

Keep Reading

• Labor Lawyer Guide — UAE
• Find a Labor Lawyer in Dubai
• UAE Labor Law — Employee Rights
• End of Service Gratuity in UAE
• UAE Employment Law Overview