Article 44 UAE Labour Law: When Dismissal Forfeits End-of-Service Gratuity

Article 44 of Federal Decree-Law No. 33 of 2021 lists nine specific causes for which a UAE employer can summarily dismiss an employee without notice — and, in practice, without paying end-of-service gratuity. Knowing the exact list (and the procedural requirements the employer must meet) is the difference between losing your gratuity and keeping it.

Updated: 7 Jul 2026 · 6 min read · By ADAD Team

The 9 causes listed in Article 44

Article 44 enumerates the exhaustive set of circumstances permitting summary dismissal:

Impersonation or fraud in obtaining the job (false documents, fake qualifications, identity fraud).
Material loss or damage caused intentionally or by gross negligence — provided the employer reports the incident within 7 working days.
Breach of safety instructions, provided clear written and visible warnings were in place.
Repeated failure to perform core duties after written warnings (typically two warnings).
Disclosure of trade secrets belonging to the employer, where the disclosure causes loss or unjust benefit.
Conviction by a court for a crime involving honour, honesty, or public morals.
Being intoxicated during work hours, or under the influence of a controlled substance.
Assault against the employer, manager, or co-workers during work.
Unauthorised absence for more than 20 non-consecutive days, or 7 consecutive days, in one year — without legitimate reason.

What the employer must do procedurally

Even when one of the nine causes clearly applies, Article 44 dismissal is not automatic. The employer must:

Investigate the alleged misconduct — typically a hearing where the employee can respond.
Document the evidence and the employee's response in writing.
Issue the termination decision in writing, citing the specific Article 44 sub-clause.
Pay all other entitlements within 14 days — earned but unpaid wages, accrued annual leave, return airfare (if contractual).

If the employer skips any of these steps, MOHRE will typically deem the dismissal arbitrary, and the employee is entitled to gratuity in full plus compensation.

What still gets paid even on Article 44 dismissal

Earned but unpaid wages — basic salary plus allowances accrued up to the termination date.
Accrued annual leave — cash-out of any unused leave days.
Bonus or commission already earned before dismissal, per the employment contract.
Return flight for expatriate workers, if the contract or company policy provides for it (some companies forfeit this on Article 44 dismissal).

End-of-service gratuity is the entitlement most often forfeited under Article 44 dismissal — though, as noted, this is by MOHRE and court practice rather than explicit statutory text.

How to dispute an Article 44 dismissal

File a grievance with MOHRE within 30 days of the dismissal date. Use the MOHRE app, the 80060 hotline, or visit a Tasheel centre.
MOHRE attempts conciliation — typically within 14 days. Many disputes settle at this stage.
If no settlement, MOHRE refers the case to the Labour Court. Filing fees are waived for workers in labour claims under AED 100,000.
The court can order: full reinstatement, payment of gratuity, payment of compensation for arbitrary dismissal, or it can uphold the dismissal.
Either party can appeal the first-instance judgment within 30 days.

FAQ

Does an Article 44 dismissal always mean zero gratuity?

Article 44 (read with Article 51) does NOT explicitly state that gratuity is forfeit. What it does is allow termination without notice. In practice, MOHRE and the labour courts have consistently held that summary dismissal under Article 44 forfeits end-of-service gratuity because the law treats it as a serious breach by the worker. However, unpaid wages already earned, accrued annual leave, and any contractual benefits separate from gratuity are still owed.

What must the employer prove to invoke Article 44?

The employer must (1) issue a written warning before the dismissal in some cases, (2) conduct a documented investigation hearing the employee, (3) keep written evidence of the misconduct, and (4) issue the termination decision in writing referencing the specific Article 44 cause. Failure on any of these typically means MOHRE will treat the termination as arbitrary, and gratuity becomes payable.

Can I appeal an Article 44 dismissal?

Yes. You can file a grievance with MOHRE within 30 days of the dismissal. MOHRE will mediate; if no settlement, the file is referred to the Labour Court. Outcomes range from full reinstatement, gratuity payment, plus compensation, to upholding the dismissal — depending on the evidence.

What is the difference between Article 44 and Article 45?

Article 44 is summary dismissal by the employer for worker misconduct (no notice, no gratuity). Article 45 lists situations where the worker can terminate without notice — for example, if the employer assaults the worker, fails to pay wages, or breaches a material contract term. Under Article 45 the worker keeps gratuity in full.