Article 44 UAE Labour Law: When Can an Employer Dismiss Without Notice?

Written by: GetMyAccounting Editorial Team
Reviewed by: Vipul Gupta, Accounting & Tax Consultant
Last updated: 3 November 2026
Read time: 11 min read

The employer finds that there is a serious incident at the work place and wishes to terminate the contract of employment immediately. The employee can refute the charge or doubt the process of handling it.

Article 44 UAE Labour Law covers dismissal without notice in specified circumstances. Understanding the grounds is only part of the task: employers must also investigate, document their decision and deal correctly with the employee’s remaining entitlements.

Quick Answer

Article 44 permits an employer to dismiss a worker without notice on ten specified grounds, following a written investigation. The dismissal decision must be written, explain the reasons and be handed to the worker by the employer or its representative. Ground-specific conditions, including warnings or MOHRE reporting where required, must also be met. Dismissal without notice does not, by itself, cancel an eligible foreign worker’s accrued end-of-service gratuity.

This article is concerned with employment relationships in the private sector in the UAE, which is regulated by the Federal Decree-Law No. 33 of 2021. Employment law in the DIFC and ADGM is separate from the one in the UAE. Some classes of employees fall under other regulations as well.

The law does not apply to federal and local government employees, members of the armed forces, police and security, or domestic workers.

Article 44 sets out a clear path to terminate employment without notice. It does not allow employers unlimited right to discharge because they deem an event to be serious enough.

The circumstances have to satisfy the stated condition, and the employer has to satisfy the requirements of the process. There can be no other conditions for the use of Article 44 from an internal policy.

In the case of ordinary termination, under Article 43, the written notice should be issued within 30 to 90 days, depending on the relevant agreement and legislation.

Articles 43 and 44 of the UAE Government-hosted Labour Law PDF explain termination with notice and the grounds for dismissal without notice.

Each ground has its own conditions. Employers should identify the relevant provision rather than describe every case simply as “misconduct.”

Ground	Situation covered	Important condition
1. Identity or document fraud	Using a false identity or submitting forged certificates or documents	The allegation needs supporting evidence.
2. Material loss or property damage	An error causing gross material loss, or deliberate damage to the employer’s property with admission	Notify MOHRE within seven working days of becoming aware of the incident.
3. Safety-rule breach	Violating workplace or worker-safety instructions displayed visibly	Instructions must be written, displayed visibly and brought to the worker’s attention.
4. Continued failure of main duties	Continuing to fail basic contractual duties despite a written investigation	The worker must also receive two warnings of dismissal if the failure repeats.
5. Disclosure of protected information	Disclosing industrial or intellectual-property secrets	The disclosure must cause employer loss, a lost opportunity or personal benefit to the worker.
6. Intoxication or specified improper conduct	Being drunk or under the influence of a narcotic or psychotropic substance during working hours, or committing an act contrary to public morals in the workplace	Assess the evidence and circumstances carefully.
7. Assault	Verbal, physical or another legally punishable assault against the employer, manager, supervisor or colleagues	Ordinary disagreement should not be equated with the statutory ground.
8. Unjustified absence	Absence exceeding 20 non-consecutive days in a year or seven consecutive days	There must be no legitimate reason or acceptable justification.
9. Unlawful personal gain	Exploiting a position unlawfully for personal benefit	Identify the conduct and benefit involved.
10. Joining another establishment improperly	Joining another establishment without following the required controls and procedures	Check the applicable authorisation and employment arrangements.

The absence thresholds mean more than the stated number of days. Employers should also examine explanations and supporting documents before relying on absence as a dismissal ground.

This requires that an employer takes a systematic approach to the allegation, evidence, defense by the employee and conclusion. Some steps are outlined below which may help to structure the analysis; however, the right legal procedure depends on the circumstances.

1. Formulation of the Allegation and the Ground

Describe the event, time of occurrence and time when management learned about it. Describe the ground under Article 44 which applies to this case along with its conditions.

2. Collection of Relevant Evidence

Gather the relevant email, attendance record, documents, witness statement and report of the incident using proper procedures.

Proper documentation and chronology of events are maintained. No document is tampered with and no personal information which is not relevant to the issue is gathered during investigation.

3. Whether Temporary Suspension Is Needed

Article 40 permits temporary suspension for a disciplinary investigation where the investigation’s interests require it, for up to 30 days, with half of the wage suspended during the suspension period.

In cases where the investigation does not result in the finding of violation or just in a warning, the employee’s withheld pay must be released. The suspension must be assessed independently from the dismissal.

4. Write Investigation

Write out the accusation and give the employee a chance to state their case. Document questions and answers, as well as relevant evidence and findings.

Investigation process must evaluate the employee’s case independently. It must not be used as mere paperwork by the management, once the worker has been dismissed.

5. Investigate Ground-Specific Conditions

In case of the ground 4, investigate the written statement and dismissal warnings for repeated failure to perform basic duties.

In case of the ground 2, investigate the reporting period of seven working days from MOHRE, following the time of awareness of the incident.

Article 41 also prohibits imposing more than one disciplinary sanction for the same violation. The Executive Regulation also sets time limits for disciplinary action. These requirements should be checked where the dismissal route involves a disciplinary sanction.

6. Make the Written Decision and Serve It

State the facts, reasons, and grounds for the termination of the person. The written decision shall be served on the worker by the employer or an agent of the employer.

Make sure that the proof of delivery is available. A verbal direction to stop coming to work cannot be considered as a written decision.

7. Calculate the Total Compensation Package

Determine the total sum of the unpaid salary, leaves, gratuity, and other benefits. Determine the deductibles and their rationale.

Prepare well organized documentation that includes:

• Contract of the employee and the job description.
• Report of the incident and the date at which the matter came into notice.
• Supporting documents and testimonies.
• Letter notifying the employee about investigation and minutes thereof along with his response.
• Safety instructions and proofs of communication.
• Previous warnings if any based on the concerned grounds.
• MOHRE reporting if necessary.
• Grounds for termination and transfer documents.
• Details of settlement agreement and payment proofs.

Documentation should be comprehensive enough to make sense even for an outsider.

Mistake	What to check instead
Dismissing verbally	Conduct the investigation and issue a reasoned written decision.
Giving a vague reason	Explain the established facts and relevant statutory ground.
Using a reason outside the ten grounds	Assess the appropriate termination route.
Treating one minor error as continued duty failure	Check ground 4’s investigation and warning requirements.
Missing ground 2’s reporting window	Track awareness and notify MOHRE within the required period.
Ignoring the employee’s explanation	Consider the response and supporting records.
Withholding all final dues	Separate eligible entitlements from legally supported deductions.

These issues may lead to a dismissal being challenged. The consequences depend on the facts and applicable provisions.

According to Article 51, an expatriate employee can receive end-of-service gratuity after one year of continuous employment. Dismissal without notice but with gratuity is mentioned in Article 39 as one form of discipline.

When Can a Company Deduct from the Employee’s Gratuity?

Deductions from the employee’s gratuity are allowable according to Article 51(7) when the employer is entitled to deduct amounts under the law or pursuant to a court order.

The fact that a claim of loss or an internal policy provision allows the employer to deduct an amount from the gratuity is not adequate. It would be wise to examine the requirements.

When Does Final Entitlement Need to be Paid?

Article 53 mandates the payment of the employee’s dues and any other entitlement within 14 days of termination of the agreement.

Ensure that you produce an itemised settlement document which shows the payments and any deductions.

The relevant provisions appear in the Federal Decree-Law No. 33 of 2021, as amended, including Articles 39, 44, 47, 51 and 53.

The employee should keep the record of dismissal, contract, investigation letters, warnings and any agreements. Determine the nature of the issue — if it concerns the ground of the dismissal, the procedure of the dismissal, or unpaid benefits or all of them.

For the disputes that arise due to the labour relationships that fall under MOHRE’s jurisdiction, Article 54 states the relevant procedure. Contact MOHRE and find out what procedure applies.

What Does Article 47 Actually Include?

Article 47 deals with the dismissal due to the justified complaints to MOHRE or any justified lawsuits brought against the employer.

When these requirements are met, the court decides on the compensation which cannot exceed three months’ salary. Notice compensation and gratuity are different claims.

Failed Article 44 procedure shall not be used as a basis for claiming such compensation. Depending on the situation, notice compensation and other amounts might be claimed; one shall consult an experienced UAE employment attorney about the available claims.

How long does the employee have to act?

Article 54(9), as amended, stipulates that there is a two-year period from the termination of the employment relationship for claiming rights according to the Labour Law.

There may be shorter procedural periods within the course of the dispute procedure. You should not wait until the two-year period expires.

Checklist for Employers

• Has anybody double-checked that all the documents in the case file are complete for the selected ground and procedures?
• Have any missing documents and issues been sorted out before the decision is made?
• Who has been tasked with the transfer of the decision and making the final payment?

Checklist for Employees

• Have you got the written ground for dismissal?
• Did you have a chance to reply?
• Do you have copies of warnings and letters?
• Have your explanations on attendance been taken into consideration?
• Is the agreement detailed?

Practical Scenario: A sales staff member consistently fails to fulfill responsibilities as set out in the employment contract. The manager is ready to terminate this employee without delay following yet another non-compliance.

The employer must not just consider the last instance. In case of consideration of ground 4, it is supposed to look at the duties laid down in the contract, the investigation in writing, two termination warnings and further non-compliance.

The explanation from the employee counts: unclear directions, approved leave or absence of access to the needed systems may play role in the considerations.

For businesses handling a dismissal under Article 44 UAE Labour Law, payroll support can help reconcile settlement figures with employment and payment records.

GetMyAccounting’s Payroll & WPS services can support payroll preparation, final settlement workings and organised supporting records within an agreed accounting scope.

For the validity of a dismissal, disputed deductions or legal remedies, consult a qualified UAE employment lawyer.

Can the Employer Suspend from Work Without Notice for Any Serious Infraction?

No. It should meet the conditions of an Article 44 basis. There are procedures to be adhered to by the employer. The term “serious” does not mean that a dismissal will be valid without notice.

Is There a Mandatory Investigation Procedure under Article 44 of the UAE Labor Law?

Yes. There should be a written investigation of the matter before dismissing the employee. The decision should also be written and communicated to the employee in writing.

Is Gratuity Lost on the Employee’s Part?

The accumulated gratuity of a foreign employee who qualifies for it will not be automatically lost due to the application of Article 44. Normally, qualification needs one year of continuous service. The deductions should comply with Article 51(7) and its implementing conditions.

What are the Means of Contesting Dismissal, and by When?

Keep the decision and related documents, then get in touch with the MOHRE where it has jurisdiction. The amended Article 54(9) gives two years from the termination of employment for Labour Law claims.

What Is the Difference Between Article 44 and Ordinary Termination With Notice?

Article 43 provides the ordinary termination-with-notice framework, generally requiring 30 to 90 days’ written notice. Article 44 allows dismissal without notice only where one of the listed grounds and its applicable conditions are met.

How Many Warnings Are Required for Continued Failure of Basic Duties?

Ground 4 concerns continued failure of basic contractual duties following a written investigation and two warnings of dismissal if the failure repeats. This requirement should not be presented as a rule applying to every Article 44 ground.

This article is general information on UAE employment compliance, not legal advice. For a specific dispute, consult a qualified UAE employment lawyer.