Is a termination always necessary?

Issuing a termination is never easy. After conducting performance reviews, it’s probably the most dreaded activity for any line manager. Is there anything that can be done to avoid them?

What are the options to avoid a termination?

Most terminations aren’t taken within minutes. The decision to terminate an employment agreement is rather a build up of different events over a period of time and potentially could be prevented.

The Federal Law No. (8) of 1980 is the UAE’s labour law. It specifies in Art. 122 that an employee can only be terminated for work-related reasons. Should a termination be based on other reasons, they’d be considered arbitrary. Work-related reasons still require a certain process and, unlike other jurisdictions, can’t be at will.

Do we need a disciplinary policy?

A well-written disciplinary policy provides clarity. It lays down the company’s principles and approaches to dealing with any disciplinary issues. It also lets individuals know what standards of behaviour are expected from everyone and what constitutes acts of gross misconduct. Individuals learn what any disciplinary involves, including sanctions and appeals.

Outlining the different steps which need to be taken, the disciplinary procedure maintains a fair approach to evaluate any allegations. Line managers can therefore reduce the likelihood of running into legal actions.

A comprehensive disciplinary policy must be shared with staff. After all, they need to understand what’s expected of them and what they can expect in case of not adhering to it. Line managers and HR will then also need to follow it for all disciplinary cases.

What should the formal disciplinary process be?

If possible, the line manager should consider taking informal actions. This may not apply for cases of gross misconduct. Should an informal procedure not be applicable, the formal process will be started.

  1. Notify the employee in writing of the allegations against them
  2. Provide an opportunity for the employee to comment on these allegations
  3. Investigate the allegations and any defence statements from the employee
  4. Notify the employee in writing about the outcome of the allegation, including any disciplinary actions, the reasons for these actions and any disciplinary actions in case of a repeated offence (Art. 110)
  5. Place a copy of the notification in the employee’s personnel file.

To avoid unnecessary dragging out of a disciplinary process, the company needs to ensure timelines can be met efficiently and fairly. Art. 111 of the UAE labour law states all disciplinary offence must be addressed within 30 days of discovering them. It further defines imposing any disciplinary actions within 60 days from the completion of the investigation.

What disciplinary actions should a company implement?

As companies create their own internal disciplinary procedure, they can follow the seven actions laid out in the UAE labour law:

  1. Warning
  2. Fine
  3. Suspension from work with reduced pay for a period not exceeding ten days
  4. Forfeiture of deferment of periodic increment in establishments where such increments system is applied
  5. Forfeiture or deferment of promotion in establishments where promotion system is applied
  6. Dismissal from service but reserving right to end of service benefits
  7. Dismissal from service together with forfeiture of all or part of the benefits, provided that penalties shall not be imposed for reasons other than those specifically prescribed in Article (120) of this law.

What are the alternatives to a termination?

While the labour law provides different steps prior to issuing a termination, this question is not asked often enough: Do we really need to terminate the employee?

Organisations are advised to review each situation on an individual basis and consider alternatives. Replacing an employee is a costly and time-consuming activity. Worldwide, companies are voicing their concerns of finding and retaining qualified and engaged staff.

Provide training and coaching

Employees are being asked to do more with less. Do they have all the resources to complete their tasks and to achieve the desired outcomes? An employee who needs to compile data but without the access to all data sets cannot complete this activity. Line managers should provide their team members with the relevant access rights if that has caused incomplete work.

Simultaneously, line managers should review what skills the employee needs. HR can perform a training needs analysis and additional training can be given to the employee internally or externally.

Line managers can also guide the employee when outlining how a task should be carried out or how a situation can be handled differently next time. Constructive feedback can help individuals to develop, regardless of them being at risk of being fired.

Assign an alternative role

When the employee’s skills and knowledge are not aligned to the current role, it may appear as if the employee is not suitable. The constant feedback of them not performing according to the expectations for the role may become demotivators, possibly leading the employee to spiral downwards.

A close match between the requirements of the role and the employee’s skills, knowledge and abilities can increase the performance. In particular for Millennials, the desire to align their personal vision with their work role is substantial. If achieved, engagement increases significantly.

Move to an alternative team

Working in a team is not always easy. In a multi-cultural and multi-generational team, conflict can arise and needs to be managed. If personality clashes are preventing individuals from doing their best, a different team should be considered.

This may not always be an option in smaller organisations. Line managers should then also reflect on other alternatives instead of simply firing the employee.

Terminations may not always be the final answer. When deciding to let go off an employee, the necessary steps need to be follow to end the relationship in a legally compliant, fair and respectful manner. Contact us and find out how to create effective and smooth exit procedures.

The benefits of HR Policies

We are working in one of the world’s most multi-cultural regions. Individuals from all over the world are coming to work in the Middle East. They are bringing their skills, excitement and hope as well as their beliefs and value systems. Leading a team where languages, viewpoints and behaviours may differ so substantially can be a challenge even for experienced line managers and HR teams alike.

Policies can support creating a common ground for all employees regardless of their background.

What are policies?

While top management determine the guidelines for the business, policies break these down further and define how the business runs. They support the strategic growth, the day-to-day operations as well as organisation’s culture.

What are the benefits?

Written HR policies provide numerous benefits to an organisation.

As companies are growing and hiring new staff, common standards need to be communicated. HR policies help all employees get and stay on the same page and support the company’s culture.

Companies can base their policies on best practices, set to foster innovation, increase the employee experience and strengthen the competitive advantage. Local companies can benefit from the flexibility which the UAE labour law gives them to adjust HR policies issued by their global head office to their specific requirements.

Determining the delegation of authority, roles and responsibilities are clarified for everyone. This, in return, reduces misunderstandings and ensures smooth workflows.

As such, well-written policies provide an opportunity to strengthen employee relations. Reflecting the needs of both parties, they describe the performance and behaviours expected from the employees and the support and guidance given by the company. Should any disciplinary actions need to be taken, they provide a clear framework for consistent and fair treatment and are to prevent lawsuits, as much as possible.

Hence, HR policies consequently serve as a reference point for all people matters.

Which policies to include?

The local laws outline a limited number of required procedures only. Chapter VI of the UAE Labour Law Federal Law No. 8 of 1980 and its amendments describes disciplinary actions whereas Law No. 2 of 2015 against Discrimination and Hatred focuses on the prohibition against discrimination in an employment context.

Companies can therefore decide which policies they implement depending on their needs, provided they do not conflict with the local laws. Typically, companies choose to cover the following areas in their policies:


Organisations can define how they link their strategic workforce planning with the operational recruitment activities like selecting candidates and rehiring former employees. Policies may also include an employee referral programme or deal with the recruitment of family members and relatives.

Code of conduct

Companies can set their own standards of behaviour in their code of conduct, which reflects the organisation’s daily operations, core values and overall company culture. The handling of bullying and harassment situations may be described here, too.

Compensation and benefits

Policies can outline the company’s approach to rewarding employees, eligibility of benefits and allowance and evaluating jobs. They may also include how the company will address salary reviews.


Besides mandatory leave, companies can support their employees’ wellbeing by providing additional leaves, for example, time off for parental and caring duties, sabbatical or study and exam leave.

Learning and development

These policies address the company’s view on training and can point out the resources available for employees to acquire and develop their skills. They can lay out the criteria for reimbursement of any employee-initiated training, if it is relevant to the job, or special assignments for the employee to gain new experiences.


Performance policies assist companies applying fair performance assessments. They can also provide guidance on how to deal with unacceptable conduct and help employees improve. A disciplinary policy is normally also in place.

Although there is no limit on the number of policies a company may have, a reasonable and practical approach should be applied. Companies should therefore evaluate the specific needs for their business, however, it is recommended to have the following policies at a minimum written and communicated to all staff:

  • Bullying, harassment and discrimination
  • Code of conduct
  • Disciplinary
  • Grievance

Just as the business evolves and changes, HR policies need to have an option to adjust to the changing business requirements or legal mandates. Do your policies provide you with that flexibility?

HR policies are an effective way to look after your organisation’s and your employees’ needs while providing guidance to handling common workplace issues. Contact us today and learn how we can draft tailored HR policies fit for your business needs.

Review your HR processes to remain legally compliant

It’s too easy to forget about gaps in a process until it’s too late. Employment contract weren’t signed or are missing. Annual leave is not recorded. An employee left but their visa hasn’t been cancelled. Beneficiary for life insurance have been left blank or not updated. Don’t let your HR processes cause your organisation financial or reputational damage! Conduct an HR audit!

For many, however, the word audit brings back dreaded images. External auditors requiring explanations about the state of the organisation, while HR teams are already overworked. Using the summer to create your own internal HR audit, you can get ahead of the curve, identify any gaps and take corrective actions.

Unless already part of the regular business procedures, an HR audit would need to be drafted to evaluate the current state of organisation’s HR policies, processes and practices covering

  • Recruiting and onboarding
  • Learning and development
  • Performance management
  • Total rewards
  • Employee relations
  • Offboarding

Discrepancies between policies, processes and practices can help your team can be become the basis for any enhancements. Any shortcomings can also be addressed and adjusted according to their requirement: compliance, best practice, strategy, operational execution.

The process for an HR audit generally follows these steps:

  1. Define the scope
  2. Draft the questionnaire
  3. Collect the data
  4. Identify any gaps
  5. Report the findings
  6. Take corrective actions

Draft the questionnaire

You can take a pre-defined audit checklist from the internet, create your personalised form or engage with an external consultancy.

Collect the data (legal requirements)

The UAE Labour Law Federal No. 8 of 1980 as amended provides you with the foundation for your HR audit. Any of your policies need to be aligned to it to be valid.

The law also defines in “Chapter III Employment Contracts, Records and Remuneration” what records a company must keep in a personnel file for each employee, if employing 5 or more:

  1. Showing the employee’s name, profession, age, nationality, place of residence, marital status, effective date of service, pay and whatever changes effected on the pay, penalties invoked against him, injuries and vocational diseases sustained by him, date of service termination and causes of that, and
  2. A card, divided into three parts, showing 1) annual leaves, 2) sick leaves and 3) other leaves.

As a company, you may need to review each personnel file and check all documents. Any missing documents need to be added, potentially requiring the employee to sign the document again. You can find more information keeping your personnel files up-to-date in our previous newsletter.

If employing 15 or more employees, companies need also to keep these registers:

  1. Register of wages, showing the dates for joining of service, and fixing the amount of daily, weekly or monthly pay, along with its benefits, or piece-meal pay, or the commission to each one of them, his working days, and the date for his final departure from work, and
  2. Register of work injuries, showing all work injuries accidents and vocational diseases sustained by the employees as soon as they’ve been brought to the knowledge of the company, and
  3. Regulations of the work, showing the daily working hours, weekly holiday, other holidays, necessary measures and precautions to be taken for avoiding work injuries, and fire hazards, which must be approved by the labour department and displayed visibly for anyone on company premises, and
  4. Penalties sheet, showing the penalties that may be invoked and citing the conditions and cases for putting them into operation

While the registers can be kept centrally, the owner may be outside of HR. For example, if Payroll belongs to Finance, they may keep the “register of wages” and given the inter-dependency, need to be part of the audit. The same would apply to any work injury documentation which may be kept by EHS and not HR.

Identify gaps

An HR audit requires more than just a tick on a checklist. It will reveal any gaps between the current state and the law, benchmark and organisational strategy.

Report the findings

Once the audit has been collected and the gaps have been identified, the audit team should summaries its findings and present them to the overall HR leadership team or even the company’s management team. Together, questions as to why certain gaps exist need to be asked and answered.

Take corrective action

This may then create the list of corrective actions. Legal compliance is a must and recommendations for corrective action need to account for these first and foremost. The audit team may prioritise any other corrective actions by importance (high, medium, low) and/or impact (high, medium, low) before determining owners and timelines for these.

The audit findings and action plans need to be documented. This can be used as a continuous improvement activity, working towards becoming more effective, efficient and innovative HR.

While HR audits can be perceived as expensive due to the time and resource commitment required, it will be less than the financial and/or reputational damages suffered by unscheduled labour inspections or court cases.

Stay legally compliant. Review your current policies, procedures and practices, identify any gaps and create an action plan to be consistent and compliant. Contact us and find out how we can support you and your team in conducting.

Excel vs ERP – How to find the right tool for your organisation

Over the years, we’ve worked with a large number of clients coming from all industries and ranging from the small start up to publicly listed organisations with over 100,000 employees. What do all of our clients have in common? It’s their desire to be more efficient and effective in their strategic and daily HR operations.

Like most companies, they are asked to achieve more with fewer resources and streamlining their processes is crucial. They use data to make decisions and to take their organisation to the next level.

The digital transformation is mentioned everywhere.

A number of organisations have rushed out to buy the latest enterprise resource planning (ERP) solution without doing a thorough review of their needs. The organisation’s capability, processes and readiness for change may not have been considered, either. How can these companies achieve their desired state? Do they know what this even looks like?

“If you don’t know where you are going, you might wind up someplace else.” (Yogi Berra)

If companies don’t know what their data says, how can they reach their (strategic) destiny?

This is the dilemma many companies, whether established or still young, face. For many, Excel is still the tool of choice while others swear by their ERP. We’ve dedicated this newsletter to review the options and for you to identify the appropriate solution for your organisation.

  1. Easy start vs implementation

Purchasing a licence for Excel is as easy as saying 1-2-3. A user can take the free tutorials giving overviews of the basics, formulae or pivot tables. A new user of Excel can choose from the many courses available on the internet and doesn’t have to wait for any in-person training courses.

An ERP system is connected to other parts of the business. The different dependencies can make an EPR implementation a challenge for any project manage. Anyone who has ever been through an ERP implementation recalls the lengthy process and may have experienced the different stakeholders pursuing different, potentially also conflicting requirements. Finding a system that can do everything for everyone within the given budget is not straightforward.

  1. Single source of entry vs collaborative working

Data entry into Excel is generally controlled by one person at a time which potentially slows down the processing time. Other team members can still access (non-shared) files as a read-only version, however, any updates for their data analyses won’t be included.

While multiple users can edit an Excel spreadsheet, changes aren’t tracked unless the “track changes” box is selected. Many Excel users aren’t aware of this function and, thus, don’t activate it. There’s the risk that data is overridden incorrectly or changes being made without having a complete change flow.

An ERP system allows multiple users to change and access the data simultaneously. ERPs automatically track the changes, making it easier to backtrack any steps, as needed.

A cloud-based ERP gives users the flexibility to access the data and process requests from other devices, e.g. tablet or smart phone. Companies may restrict access from personal devices according to their data protection and IT regulations. For wellbeing practitioners, this raises also the question when managers can actually switch off, just like with the permanent inflow of emails.

  1. Static vs real-time data

As just touched upon, data in Excel tends to be static. Multiple files are often pulled together into one worksheet to gather a comprehensive view and, consequently, analysis. Most businesses don’t operate on a fixed-date basis anymore and changes within the organisation are more fluid.

An ERP system provides real-time data at the click of the finger button. Reports have been defined as part of the implementation process or are being added to meet business requirements. While creating new templates may take some time, generating the reports is generally completed within a very short time.

  1. Single control vs transparency

The information in Excel is often maintained by a small group of HR team member. This may be to reduce the number of entry errors. Files need to be made available to other areas of HR (e.g. via a shared drive) and the business, bringing up the question of version control and data privacy if accessed on non-secure devices.

Depending on the company’s philosophy and managers’ maturity, not all data will be shared with all line managers. Accordingly, files need to be adjusted to what the individual line manager is allowed to see, taking more time to complete a sometimes simply query.

On the other hand, an ERP is already set up with the restrictions of who can see what. Managers are enabled to pull their own reports when they need them, not when HR has the time to process them.

  1. Independent vs integrated processes

For many, Excel is still an independent part for many HR processes.

ERP systems, in contrast, combine various HR processes from recruitment and onboarding, over cyclical performance and salary reviews to learning and development plans.


Before you determine whether solution is appropriate for your business, review your organisational architecture (e.g. culture, structure and how your business operates). You may also ask yourself questions around your current practices in Excel and how you can modify those before investing (sometimes heavily) in an ERP:

  • What do your current processes look like? Are there any areas which could be optimised?
  • Based on the current processes, could you tweak them and still utilise Excel? Which templates and communication schedules would you need to create to increase efficiencies through Excel? What training can you provide to HR team members to enhance their knowledge around Excel?
  • How open is your company to change when implementing an ERP? To what degree is your organisation willing to adjusted processes for an ERP (remember: often the organisation has to adjust to the workflow of an ERP, not the other way around)? How much would daily operations be interrupted for both the business and HR when moving to an ERP?
  • What ownership, flexibility and transparency do you want to give to your line managers? What would approval processes and DOA look like under an ERP?

Are you unhappy with the data quality in your organisation? Do you feel time is wasted but can’t pin point to the issue? Call us on +971-52-2516322 and find out how we can identify wasteful process areas and create efficient and effective processes fit for your team and company.

Time to audit your HR function

The beginning of a year provides a great opportunity to conduct an HR audit. New laws and regulations often take effect on New Year’s Day. While companies may have some time to update their documentation, policies and procedures, you’ll need to be compliant with legislation or risk being fined.

Your HR team can carry it out on its own or, preferably, work with the internal QA team or an external consultant to obtain objective results. Working with a checklist and predefined evaluation criteria, the findings from the HR audit offer unbiased results. You have the chance to identify the strong policies, processes, procedures and, more importantly, the areas in need for improvement. Simultaneously, it lets you step back and review how closely your strategy is reflected in your operational work.

As you prepare for the audit, define which areas you want to check. Examples can include:

  1. Personnel files: Is the electronic or hard copy personnel file complete? Do you have all required visa and work permit documentation? Do you have all contracts signed by all parties and filed? Have performance evaluations and any related documents, e.g. warning letters, been recorded and filed?
  2. HR policies: Are your policies in line with the latest changes in labour law, immigration law, data privacy law or civil law? Do any of your policies stand in contraction to each other? Have all policies been written and, as a next step, been communicated to the employees?
  3. HR procedures: Are your procedures in line with your policies? Do the written procedures reflect the actual execution of them?
  4. Payments: Working together with your Payroll team or provider, have salaries, allowances, bonuses and commissions been paid by the required dates and as per the applicable plans? Do the number of overtime hours match the hours worked as per the time keeping records? Has overtime been calculated in accordance with the legal requirements and internal premiums?

HR audits need to be carefully planned and the auditors require the appropriate training to define the current state. Due to the time requirements, it may only be conducted at one point once a year. Some companies prefer to audit throughout the year, focusing on one particular area in each month (e.g. HR policies in January, salary payments in February and so on), thus keeping the impact on the daily operations low.

Once the findings have been gathered and analysed, you can identify any gaps and prioritise the corrective actions, if and as needed. The most important actions are to correct violations of the law and health and safety. These two areas can attract financial fines as well as imprisonment. Address HR inefficiencies and implement best practices once a solid foundation has been put in place for your HR team. This may mean (re-)training your team on getting the job done right the first time by understanding the required steps in the process, leveraging technology and applying their strengths.

Are you concerned that your HR operations may no longer be compliant with the labour law? Don’t have the time to create an HR audit from scratch? Call us on +971-50-5516322 and find out how we can support you to reduce risks of being fined while increasing your HR team’s efficiency.