Work in the UAE: Will I be fired for not achieving the “impossible” goal set by my boss? – information

Question: I joined a company in Dubai in 2018 as a salesperson. The goals set for us at the time were achievable, and financial incentives were specified for exceeding these goals. In the past, all sales staff of the company would earn a considerable amount as a reward every month. However, six months ago, our goal was redefined and became steeper, making it almost impossible to achieve. None of us can achieve the new goal, and my boss has warned me twice. Can the company fire me for non-performance? What I want to emphasize is that the goal cannot be achieved. Do I have any legal protections here?

Reply: Based on your inquiry, we assume that you are employed by an entity in Dubai Mainland. Therefore, the provisions of the Federal Law No. 8 of 1980 governing employment relations in the UAE (Employment Law) apply.

Employees in the UAE may be fired by their employers for failing to perform their duties. This must be confirmed by the employer in the form of evidence and a warning letter. Article 120, paragraph 5 of the “Labor Law” stipulates: “If an employee fails to perform the basic duties stipulated in the labor contract, and after a formal investigation and warning of violation of the labor contract, the employer still violates the labor contract, the employer may dismiss the laborer without notice. Repeat the same, then dismiss.”

According to the above-mentioned laws and regulations, your employer can terminate your employment relationship without notice on the grounds that your performance is below the standard. This can be done after issuing a warning letter and conducting a formal internal investigation.

However, your employer must provide evidence that your performance is below the standard based on the sales you generate. In your opinion, your employer has set unreasonable sales targets, which may not be achieved.

If your employer terminates your employment due to poor performance, you can contact the Ministry of Human Resources and the Emirates (Mohre) and file a complaint.

You can state that the termination was completed without a valid reason. In addition, you need to submit the previous and current sales targets assigned to you. You need to prove that the goals currently assigned to you and your colleagues are unreasonable and unachievable.

In addition, you should provide comparative evidence of past and current goals. You can say that you have achieved the previous sales target specified by your employer.

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If Mohre is convinced by your complaint and the supporting documents submitted to it, it may tell your employer that the termination is arbitrary. Then, your employer may have to compensate you financially for your arbitrary termination.

This is in line with Article 122 of the Employment Law: “If an employer terminates an employee’s service, if the reason for termination has nothing to do with the job, it shall be deemed to have terminated arbitrarily. In particular, if the employee’s service is due to reasons, or if the employee’s service is reasonable to the competent authority If the complaint is terminated due to a legitimate lawsuit brought by him against the employer, the termination is considered arbitrary.”

According to the above-mentioned legal provisions, your employer may be required to pay you up to three months’ wages as compensation for arbitrary termination described in Article 123 of the Employment Law.

If you and your employer did not agree or resolve the dispute amicably before Mohre, it will send you (because you are the complainant) a letter asking you to contact the court that has the authority to hear employment matters.

After that, you can file an employment lawsuit against your employer in court by submitting a detailed petition, a copy of the employment contract, supporting documents and a letter issued by Mohre.

Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice in Dubai, the UK and India. For complete details of his company, please visit: www.amalawyers.com. Readers can email their questions to: news@khaleejtimes.com or to Legal View, Khaleej Times, PO Box 11243, Dubai.