A reader in Dubai asks: I am the owner of a factory in Dubai, which contains more than 100 workers, and I often encounter troubles from my workers. One day one of the workers came in a state of complete drunkenness, and he is often absent from work without an excuse. Do I have the right to dismiss him without notice as the employment contract signed between him and me provides two months notice? Please advise me in this regard.

I would like to clarify that as per Article 120 of UAE's Labour Law, an employer may dismiss a worker:

1. If the worker adopts a false identity or nationality or submit forged certificates or documents,

2. If the worker is engaged on probation and is dismissed during the probationary or on its expiry,

3. If the worker makes a mistake resulting in substantial material loss for the employer, on condition that the latter notifies the Labour Department of the incident within 48 hours of his becoming aware of its occurrence,

4. If the worker disobeys instructions respecting industrial safety or the safety of the workplace, on condition that such instructions are in writing and have been posted up at a conspicuous place and, in the case of an illiterate worker, that he has been acquainted with them orally,

5. If the worker does not perform his basic duties under the contract of employment and persists in violating them despite the fact that he has been the subject of written investigation for this reason and that he has been warned that he will be dismissed if such a behaviour continues.

6. If the worker reveals any secret of the establishment in which he is employed.

7. If the worker is finally sentenced by a competent court for an offence involving honour, honesty or public morals.

8. If the worker is found in a state of drunkenness or under the influence of a drug during working hours.

9. If, while working, the worker assaults the employer, the responsible manager or any of his work mates.

10. If the worker absents from his work without a valid reason for more than 20 non-consecutive days, or more than seven consecutive days.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultant