UAE onboarding, explained from both sides.

Gross Misconduct & Summary Dismissal in the UAE: Article 44 Grounds and Due Process

Under Article 44 of UAE Federal Decree-Law No. 33 of 2021, an employer may dismiss an employee without notice only on a closed list of serious-misconduct grounds - such as forgery, causing gross material loss, workplace assault, reporting to work intoxicated, unauthorised absence, or breaching confidentiality. The grounds are exhaustive and cannot be widened by company policy, and a dismissal that skips a documented investigation risks being reclassified as arbitrary, with compensation of up to three months' wages under Article 47.

1. 1Confirm the conduct fits an Article 44 ground. Summary dismissal is only lawful for one of the specific grounds listed in Article 44 of Federal Decree-Law No. 33 of 2021 - e.g. false identity/forged documents; a mistake causing gross material loss; breach of posted written safety rules; failing basic duties after a written investigation and two warnings of dismissal; disclosing work secrets; reporting to work intoxicated during working hours; assaulting the employer, a manager or a colleague; unauthorised absence; unlawfully exploiting the position for personal gain; or joining another employer without following the correct procedure. The list is exhaustive: conduct outside it does not justify no-notice dismissal.
2. 2Investigate in writing before acting. UAE practice (and MOHRE's approach on arbitrary-dismissal complaints) expects a documented process: put the allegations to the employee in writing, hold a written investigation, give them a genuine opportunity to respond, and record the findings and evidence before the dismissal is communicated. For persistent non-performance specifically, Article 44 requires the process to follow written warnings.
3. 3Notify MOHRE within 7 working days for loss/damage cases. Where the ground is that the employee caused substantial material loss (or deliberately damaged property), the employer must notify MOHRE of the incident within seven working days of becoming aware of it.
4. 4Issue a written termination stating the ground and the article. The termination should be in writing and clearly state that it is made under Article 44 and on which specific ground, with the investigation record and any prior warnings retained on file.
5. 5Settle end-of-service entitlements. Unlike the pre-2021 regime, an Article 44 dismissal does not automatically strip the employee of end-of-service gratuity; accrued entitlements are generally still payable where qualifying service is met. Treat gratuity forfeiture as the exception, not the default - see 'unverified'.

Fees and timelines vary by emirate, free zone and nationality - confirm the current figure with the regulator before you rely on it.