Grave misconduct in terms of the UAE laws falls under the application of the UAE labor law which is governed by the Federal Law No. 8 of 1980 and its amendment (the “UAE labor law”).The UAE labor law governing the rights of the employees applies to all employees working in the private sector whether they are UAE nationals or residents unless they are employees of the DIFC free zone (separate employment law applies for DIFC free zone).

The general criteria covered under the said law includes, matters concerning employee working hours, wages, employee leave, end of service benefits, safety standards, disciplinary actions including termination and denial of end of service benefits. One of the main grounds upon which a termination of employment services can be affected by the employer is upon any act on part of the employee that falls under the classification of ‘grave misconduct’. This concept is defined under the UAE labour law as “

Misconduct can be defined as “An act that is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one’s acts. It is thus an act which is forbidden or a failure to do that which is required”.

Grave Misconduct pursuant to the UAE labour law:

Pursuant to article 120 of the UAE labor law, an employee can be terminated with immediate effect while denying their end of service benefits upon the occurrence of any of the following instances which would be considered as a gross misconduct on part of the employee warranting such measures.

Such instances of grave misconduct include:

• adopts a false identity or nationality or if he submits forged documents or certificates
• commits an error causing substantial material loss to the employer provided that the latter advises the labour department of the incident within 48 hours from having knowledge of the same
• violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at conspicuous places or verbally informed to an illiterate employee
• fails to perform his basic duties under the employment contract and persists in violating them despite formal investigation with him in this respect and warning him of dismissal if the same is repeated
• divulges any secrets of the establishment where he is employed
• is awarded final judgement by the competent court in respect of an offence prejudicing honour, honesty or public morals
• during working hours, is found drunk or under the influence of prohibited drugs
• in the course of his work, commits an assault on the employer, the manager or any of his colleagues

• absents himself without lawful excuse for more than 20 intermittent days or for more than 7 successive days during one year.

If an employee believes that he has been dismissed illegally, he can complain to Ministry of Human Resources and Emiratization (MOHRE). The ministry will try to solve the issue amicably and if amicable resolution is not feasible then the ministry will refer their dispute to the labor court for further adjudication.