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Employment & HR

Redundancy and restructuring

There is no separate statutory redundancy regime. It is termination with notice, which means the process is simpler and the exposure is entirely about how you do it.

No separate regimeNotice and settlementDiscrimination the real risk

The entitlement

What the law gives, regardless of contract.

UAE labour law does not provide a distinct redundancy process with consultation periods and statutory redundancy pay of the kind found in Europe. A role becoming surplus is a valid reason connected with the work, and the termination is effected in the ordinary way: written notice of the contractual period, full pay during it, and a final settlement comprising notice pay, accrued untaken leave, end-of-service gratuity and outstanding wages. There is no additional statutory redundancy payment on top.

That simplicity moves the risk elsewhere. Because there is no prescribed selection process, the exposure in a restructuring is that selection appears discriminatory or retaliatory — the employees selected are disproportionately of one nationality or gender, or include the person who recently filed a complaint, or a woman who recently returned from maternity leave. Termination for a reason unconnected with the work is arbitrary dismissal and attracts compensation. A documented, objective selection basis applied consistently is the whole of the defence, and it has to exist before the decisions are made.

The numbers

Statutory regime
None separate — ordinary termination applies
Redundancy pay
No additional statutory payment beyond gratuity
Notice
The contractual period, 30–90 days, with full pay
Settlement
Notice, accrued leave, gratuity, outstanding wages
Main risk
Selection appearing discriminatory or retaliatory
Visas
Must be cancelled; quota is released for future hiring

What it costs

Notice pay35%The contractual period, 30–90 days, paid in full
End-of-service gratuity40%Accrued across the whole employment
Accrued untaken leave20%Paid out on basic salary
Statutory redundancy pay5%There is none — this is ordinary termination

Proportions indicative — they shift with visa count, premises and activity.

The exposure is not the payment. It is selection that looks discriminatory or retaliatory.

In practice

How this is actually administered.

  1. Document the commercial rationale firstBefore selecting anybody. A rationale written after the selection reads as written after the selection.
  2. Set objective selection criteriaRole, skills, performance record. Apply them consistently and record the application.
  3. Check the outcome for adverse patternsIf the selected group is disproportionately of one nationality, gender or includes a recent complainant, revisit it.
  4. Give proper notice and pay it in fullContractual period, full pay, and the complete final settlement.
  5. Cancel visas and dependants properlyDependants first, then the employee. Uncancelled visas leave the company carrying liabilities and occupying quota.
The mistake people make. Selecting on cost — targeting the highest earners or the longest-serving, who carry the largest gratuity accrual. It is commercially intuitive, it correlates closely with age and service, and it produces exactly the pattern that supports an arbitrary dismissal claim.

Related

Questions

No. A redundancy is an ordinary termination — notice, accrued leave and end-of-service gratuity, with no additional statutory redundancy payment.

There is no prescribed consultation process, but a documented objective rationale is the practical protection against an arbitrary dismissal claim.

It is a significant exposure. Selection that captures an employee on protected leave invites a finding that the reason was unconnected with the work.

Cancelling the visas releases the quota, which is available for future hiring.

One question

How many people are on the payroll?