Employer Termination Procedures - Essay Example

TERMINATION Affiliation Introduction Employers and employees are two groups of individuals connected to one another in terms ofthe responsibilities assigned to them. Employers are tasked with the responsibility to invest and provide potential employees with job opportunities. Employees on the other hand, have to be hired with regards to the employer’s recruiting approaches/methods. While the contract relationship between the employer and the employee is based on shared agreement to accept the problems associated with employing an individual and being employed to assume responsibilities of care, the law gets involved to protect employees from employer extortion. Additionally, the law protects the employers from irresponsible employees (Gulf News. 2013). In this case, this research indents to find out the relationship between employee rights to be informed prior to being fired and the authority of employers to terminate employees’ responsibilities without notice. To analyze the situation of employer termination procedures, a case study on ABC v. XYZ (pseudo named as a classified case) in which the claimant, ABC, accuses the defendant, XYZ, to pay the periodical allowance (Small Claims Tribunal, 2012). This research makes use of article 61 and article 102(1-7), which deal with employee work termination. 2. Objectives The objectives of this research are as follows: a) To investigate the nature of UAE labor laws b) To analyze a labor law case relating to dismissal without notice c) To find out when dismissal without notice applies to UAE employees d) To analyze the employer right to dismiss an individual employee without notice. 3. Methodology This research makes use of secondary data through the use of a case study. Case studies are accounts relating to a topic of interest about a specific entity. In this case, a case study is used in the analysis of recorded data regarding a real life situation. Since information is already published, a case study is considered a secondary source unless a live coverage through the use of primary data collection method, observation, is used. In order to access information relating to UAE labor law, the internet will be utilized since it provides relevant and recent information sources unlike print materials (Gulf News. 2013). The rationale of using the case study method in this case is to ensure that various other sources on the background of the case can be provided. In the analysis of legal data, this research makes use of FIRAC analysis method where facts, issue, rule, analysis, and conclusion are the legal analysis variables considered in this case. The nature of the data presented in the case study is in literature, descriptive format, and descriptive analysis is selected as the most appropriate method of analysis. The chosen case study to support the objectives of the research project include ABC v. XYZ case as well as two articles from the UAE labor law; articles 61, and 102(1-7). The merits of selecting the legal case and the associated laws are to analyze the outcome of the case at hand and to find out how the selected articles relate to the case at hand. Chosen Case: Analysis of ABC v. XYZ Facts show that the employee was dismissed before the resignation is effected following an allegation that behavior misconduct was traced back to the employee. The Issue is that the employee was dismissed without compensation following the alleged misconduct. The Rule applying to this case include article 61 which seeks to reinstate or refute the argument of the employer that under the directives of article 61, which emphasizes on employment termination following employee misconduct. The Analysis of the case show that the employer violated the employment termination procedure and did not specify the misconduct of the employee. The cases was settled with a Conclusion demanding defendant to pay the employee for damages. 4: Analysis of Selected Articles 1. Article No. 61 The application of article 61 on labor cases depends on the nature of contract that an employer and an employee have signed at the beginning of the association. Full time employees are considered one among the group of employees largely protected by the UAE labor laws. However, the employers on the other hand, are protected from irresponsible employees whose behavior threatens to destroy business goals of their employers. i. Article Description The article shows that employers are entitles to rights of making independent decisions to cut the income of an employee. The following truncated version of the article follows as: “If an employee, by his own fault or as a result of violating the employers instructions, causes a loss, damage or destruction to any tools, machines, products or materials that are owned by… the employer may deduct from the workers wage such amount as may be necessary for repair or restoration…(. Article 61)” (Gulf Talent, 2007). However, while employers are provided with the authority to deduct payments for damages from employee salaries, the rule requires a maximum deduction amounting to only five day’s wage. Hence, the argument that the case study at hand involves a resulting to denial of severance pay and other wages. ii. Article Application In the application of article 61, considered it is a related case to the UAE Labor Law on employee job termination involves ABC v. XYZ. The defendant, XYZ is accused of denying to pay claimant, ABC, the amount owed on the day of dismissal. The claimant issues a resignation letter to the employer, XYZ, which is accepted and considered as a candidate for relieving from work. 2. Article No. 102 i. Article Description Chapter 4, article 102 (1-7), provides a set of laws that govern the manner at which employers can discipline their employees. Article 102 states that the disciplinary measures an employer will impose on workers should be limited to a) letting the employee off on a warning, b) fining the employee, c) suspending the employee from active duty, d) declining to compensate periodical allowance, e) declining to promote the employee, f) dismissal without prejudice to severance pay, g) dismissal with decline to compensate employees with severance pay. However, the last cap of the article is clear that the imposition of the cap depends on the reasons closely tied to article 120. Article 120 sums the reasons of disciplining employees and draws on the aspects leading to dismissal without notice. The caps of the article associates the relevance of ethics at the place of work with expectations from employment contract. The article caps show that employee misconducts related to false identity, probation engagement, causes vast material losses, shows insubordination capable of violating workplace safety, failure to accomplish duties and responsibilities, and conviction connected to crimes against honor and public morals provide employers with the authority to terminate employment without notice (Norton Rose Fulbright, 2011). ii. Article Application Provided that article 120 and article 102 are mutually related on the issue of disciplining employees, the case study considered in this case indicates that the defendant committed misconduct at the place of work before his/her active duty was over. Based in the directives that article 102 and 120 provide, forms of misconduct falling within the jurisdiction of the articles should be handled with respect to the terms and conditions of the outlined disciplinary measures (Kalsi, 2013). Therefore, the connection between article 61, 102, and 120 is largely based on employee actions that determine whether their dismissal without notice it justified by the magnitude of misconduct. Personal Opinion On Articles Article No. 61: This article is focused on the disciplinary measures that should be imposed to unethical employees. The article provides clear directions regarding the control of employers’ decisions to punish misbehaving employees Article No. 102(7): This article integrates with article 120 to provide comprehensive analysis of situations requiring termination of employees without notice. However, the article falls short of specifying the magnitude of reasons leading to termination of employment without notice. Reference Gulf News. (2013). Termination of Contract. http://gulfnews.com/uaessentials/ask-the-law/uae-labour-law-section-14-termination-of-contracts-1.1208171 Gulf Talent. (2007). UAE Labour Law. Available online from GulfTalent.com. Kalsi, M. (2013). Disciplinary Action in the United Arab Emirates. Accessed online from December 1, 2014 from http://www.tamimi.com/en/magazine/law-update/section-5/october-3/disciplinary-action-in-the-united-arab-emirates.html Norton Rose Fulbright. (2011). Key labour law issues in the UAE. Accessed online from http://www.nortonrosefulbright.com/knowledge/publications/54337/key-labour-law-issues-in-the-uae Small Claims Tribunal. (2012). ABC v XYZ. Accessed online on December 1, 2014 from http://difccourts.ae/abc-v-xyz-20/ Reference Read More