أسئلة وأجوبة
أسئلة وأجوبة
3 متاح 3 • عرض الجميعاحتساب فترة الاختبار وفقًا لعقد العمل
60
س: قمت بتوقيع عقد عمل محدد المدة مع شركة. وصلت الإمارات في 22-9-2017، وخُتمت تأشيرتي يوم 10-10-2017. كيف سيحتسب قسم الموارد البشرية فترة الاختبار؟
ووفقًا للقانون، متى ستنتهي فترة الاختبار؟

2018/03/18
6345
دفع تعويض 45 يومًا لصاحب العمل في حالة الاستقالة


14
س: مرحبًا،
إنني أعمل حاليًا بموجب عقد عمل محدد المدة ولقد أنهيت فترة الاختبار البالغ مدتها ستة أشهر. في الوقت الحالي، أريد الاستقالة من الشركة. وفقًا للقانون، يتعين عليّ دفع راتب 45 يومًا لصاحب العمل.
سؤالي هو؛ إذا أكملت فترة الاختبار البالغ مدتها ستة أشهر ثم قدمت استقالتي، هل سيتم فرض حرمان عليّ؟
وهل يتم حساب راتب 45 يومًا على أساس الراتب الأساسي وحده أم الراتب الإجمالي؟



2022/09/22
2666
الحقوق العمالية في حالة إنهاء خدمة العامل أثناء فترة الاختبار
1
س: إذا قام صاحب العمل بإنهاء خدمة العامل خلال فترة الاختبار بأثر فوري في نفس اليوم وأجبره على توقيع إشعار إنهاء الخدمة، فهل يُعد ذلك قانونيًا حيث أنه يعمل بموجب عقد غير محدد المدة؟
على سبيل المثال، لقد تم إنهاء الخدمة في 23 مارس بأثر فوري ولكن من المفترض أن يتم إرسال إشعار قبل 30 يومًا من آخر يوم عمل، في هذه الحالة كيف يمكن أن يكون الثالث والعشرون هو آخر يوم عمل؟

2021/01/04
659
المدونة القانونية
1 متاح 1 • عرض الجميعنظرة عامة على قانون العمل الجديد في الإمارات وآخر التعديلات لعام 2024 233
أقرت دولة الإمارات إصلاحات تشريعية كبيرة أسفرت عن إدخال 40 قانونًا وتعديلًا جديدًا على قانون الشركات والقانون الجنائي وقانون الأحوال الشخصية وغيرها. تهدف هذه التعديلات إلى تطوير الهيكل التشريعي في مختلف القطاعات، وكان أحدثها قانون العمل. نحاول في هذا المقال إلقاء الضوء على التعديلات التي أُدخلت على قانون العمل الجديد وتأثيرها على كلٍ من صاحب العمل والعامل.
2024/09/10
90835
قوانين وتشريعات
3 متاح 3 • عرض الجميعFederal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).
2021/09/20
26528
Federal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.
1980/04/20
103647
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations 8
This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.
2015/09/27
12412

إجابة أخرى من
56 56 إجابات •
عرض الجميعMy landlord increased my rent more than RERA Index and refused my offer and deposit. What to do? 0
Good morning,
My landlord notified me 90 days before my contract’s end of a 15% rent increase, raising it from AED 55,000 to AED 63,250. However, according to the RERA index, the maximum increase should be 5%. I tried to negotiate, but they refused.
On October 15, I made an offer and deposit of AED 57,250 (including the RERA-approved increase). The judge accepted it, but the landlord rejected it, claiming their other 1-bedroom units rent for AED 75,000.
My contract expired on October 31, 2024. Recently, the landlord emailed saying I’m now staying illegally and will be charged AED 100 per day for not signing a new contract.
Last week, I requested a new contract based on the RERA index, but they responded by refusing my offer and deposit, demanding full payment.
My question:
Should I be concerned, or should I let them pursue a case?
Or just wait and see?
Thank you for your assistance.
2024/11/14
144
The landlord insists on increasing the rent more than RERA Index. What can I do? 0
Hi everyone,
I’m facing an issue with my rental situation and would appreciate any advice.
I purchased a company in July that’s renting a shop space, and the tenancy contract (under the company’s name) is ending on November 22.
The landlord is insisting on a 40% rent increase, even though the RERA Index clearly indicates a 0% increase for this area.
I’ve informed the landlord that this increase isn’t in line with RERA regulations, requested a new contract, and asked him to come by to collect the cheques—but he’s been unresponsive.
To protect our position, I filed an offer and deposit with the rental dispute center, but it was automatically closed because the landlord didn’t respond.
My question is: what should I do next?
Filing a case for renewal will cost 5% of the rent, which is a significant amount right now.
Are there any alternatives to proceed without incurring that cost, or any other steps to ensure the landlord adheres to the regulated rental terms?
2024/11/14
345
Is it mandatory for a self-represented applicant to sign the memorandum of defense in a civil dispute? 0
Dear Lawyers,
Is it mandatory for a memorandum of defense to be signed by an applicant representing themselves without an attorney in a civil dispute in Dubai?
If not, what are the potential consequences of submitting a memorandum of defense without a signature?
Thank you!
2024/10/14
71
Can an innocent person's name be dropped during the investigation before court referral? 0
Hello Experts!
Kindly assist with the below:
In a penal case that is still at the investigation stage, if your statement was taken and they realized you are truly innocent, with your name included only by association, is there a chance that your name can be dropped before being referred to court?
Or does the fact that they took your statement mean you must appear in court?
2024/10/15
128
How can a wife file for khula when she is financially dependent on her husband? 0
Dear Lawyers,
How can a wife file for khula when she is financially dependent on her husband and has no funds to support it?
2024/10/14
176

إجابة أخرى من
146 146 إجابات •
عرض الجميعWhat can I do if my tenant moved out without notice after serving him rent increase notice? 0
I own a property in Dubai and we issued a 90-day notice to the tenant to advise of the rent increase.
The tenant accepted and confirmed they would be renewing the tenancy agreement.
Before they signed the new tenancy agreement they moved out without giving any notice.
What are my rights in this scenario?
2024/08/28
92
Will my fees be refunded if I close a cheque execution case that I opened against someone? 0
Dear Lawyers,
If I want to close a cheque execution case that I opened against someone, will my fees be refunded to me?
2024/08/12
147
As a partner who loaned money to the company, should I sue the company or my partner? 0
Dear Lawyers,
I am a 50% partner in a company. I had given a 2M AED loan to the company about 10 years ago. There are expert reports and bank records to prove the loan.
The company does not have any bank balances or assets. Should I start a lawsuit against the company and demand 2M AED, or should I start a lawsuit against the other 50% partner and demand 1M AED?
One benefit of suing the company is that I can obtain an acknowledgment of debt, and later in an execution case, I can issue a certificate of solvency to have the other partner arrested.
However, suing the other 50% partner directly would include their name in the executive writ. Please guide me!
(I believe all necessary legal information is provided here. If something is missing, I can provide additional details here.)
2024/08/14
118
How can I withdraw my case to release someone arrested for harassment? 0
Dear Sir/Madam,
I want to withdraw a case against someone who harassed me. She has now been arrested and held at the police station for 4 days.
How can I withdraw the case so she can be released?
2024/06/29
315
What happens next after a DUI arrest and vehicle impound? 0
Dear Lawyers,
I was caught drinking and driving (no accident). They held me in prison for one day, then I signed some papers and they released me.
They also gave me a vehicle impound paper and asked me to come on Monday with my car registration and license.
Do you have any information on what will happen next?
2024/07/23
157

متميز
إجابة أخرى من
1592 1592 إجابات •
عرض الجميعWhat can I do if my employment visa got rejected multiple times by CID? 0
Hi Everyone,
I have been working in the UAE since 2019.
Since 31 December 2024, I have been in my home country because my visa was rejected a couple of times.
After waiting for 3 months, I found a new job in the UAE, but the employer told me again that the government did not approve my visa, and that was part of the CID approval.
I would like to know if I can find something to clear my issues, which would allow me again to start my work in the UAE.
2025/04/17
3
Does unpaid leave include weekends if they fall within the leave period? 0
Hello,
If I take unpaid leave and a weekend falls in between, will the weekend also be counted as unpaid leave, meaning I will not receive a salary for those weekend days?
Thank you!
2025/03/23
84
Terminated for performance issues without prior warning while on vacation. What should I do? 0
Hello Sir,
I am facing an issue with my employer. I work in the private sector in the UAE, and my employment visa expires in June 2025.
After two years, I traveled to my home country for vacation, and one week after my arrival, the company sent me an email terminating my employment due to performance issues.
However, I was never given any prior warning or written notice. The termination email also did not mention any notice period or other details.
I would like to know my rights and what I should do in this situation.
2025/03/25
68
Changed my mind before signing the lease agreement. Are my post-dated rent checks at risk? 0
Hello,
I recently found an apartment for rent and agreed with the agent to make payments in three installments.
I provided the agent with post-dated checks for the second and third payments and planned to transfer the first payment, deposit, and agency fee to the agent’s account once the lease agreement was finalized.
However, the lease agreement has not been finalized yet, and I have since found a better place. Since I have not signed any lease agreement, should I be concerned about the landlord cashing the checks for the second and third payments? Is it legal?
Additionally, the agent requested an extra 2,000 dirhams beyond the amount he intended to include in the lease agreement.
2025/03/25
51
Can the new owner use the old eviction notice to re-rent at a higher rate? 0
Hello,
My landlord issued an eviction notice stating an intention to sell.
He has since sold the property before the eviction date, and now the new owner intends to use the old notice to evict me and re-rent the apartment at a higher rate.
Is this allowed?
2025/03/24
117

إجابة أخرى من
207 207 إجابات •
عرض الجميعDo I have to pay the value of training to the company in case of terminating the contract? 0
Salam,
My company has filed a complaint against me in MOHRE related to training fees.
This is the clause mentioned in my contract:
"The Second Party shall be obliged to pay back the value of the training (which is estimated at an amount of 10000 AED) when they terminate the employment contract based on their own free will (within One Year) from the date of commencement of their contract, without prejudice to the First Party's legal or contractual obligations. (the amount agreed on for the value of the training period must be commensurate with the employment period of the employee)"
My question is:
1. I served 11 months in the company. Can they demand the full 10,000 or it should be less due to 11 months (as per the last line of the clause)?
2. I didn't even get training from the company. I learned normally by working on projects with seniors. No training session was conducted for me. Should I still have to pay?
My case is in MOHRE.
Thanks
2024/11/13
247
Can I apply for Amnesty 2024 with a bounced cheque and credit card debt? 0
Hi,
Amnesty 2024 has just started, and I really want to apply for it, but I have a company bounced cheque and personal credit card debt.
Is there any solution to avail of the amnesty and legalize my status? If yes, what is the step-by-step procedure?
Thank you to those who can enlighten me on this question, and God bless us all!
2024/09/02
970
How can I resolve a travel ban with an expired passport and a bounced check case? 0
Hello,
I have a civil case for a bounced check and a travel ban. My passport has expired and can only be renewed in my home country.
Due to the travel ban, it is not possible to exit and renew the passport. With an expired passport, I can't work.
What are the options in this situation? Can my wife take this case and start paying in installments so that I can go to renew his passport and come back?
Thank you!
2024/06/28
163
I have an unpaid credit card in the UAE and I will be traveling to Qatar. Will I be arrested? 0
I have an unpaid credit card of approximately AED 45000 in the UAE.
I will be traveling to Qatar due to work.
Will I be arrested in Qatar?
2024/06/21
147
Requesting additional fees due to cheque postponement. What should I do? 0
Good day,
I requested the lessor to divide my upcoming cheque into two payments instead of the full amount on the 1st of December. I paid 50% on 1st December, and the second payment was scheduled for 30th December.
However, they considered it as a cheque postponement and asked for an additional fee.
Upon reviewing the contract, I found point number 8 states that a cheque postponement request will be subject to management approval, and it doesn't mention any extra fees—just approval.
Is this normal, and should I pay for it, or not?
Please help!
2023/12/19
196

إجابة أخرى من
367 367 إجابات •
عرض الجميعI purchased a rented apartment in Abu Dhabi. Can I evict the tenant immediately if there is no Tawtheeq contact? 0
I recently purchased a rented apartment in Abu Dhabi and agreed to honor the existing lease. After the transfer, I discovered that the lease is not a Tawtheeq contract, meaning it is not officially registered.
Since I am not receiving rent (as it was a non-refundable arrangement with the seller), I prefer not to issue a new Tawtheeq. I also want to avoid a formal notice to vacate to prevent disputes, as I plan to move in.
However, I have already informed the tenant that I will not be renewing the lease. I need legal advice on the implications of proceeding without a Tawtheeq contract.
What are my risks, especially if the tenant refuses to move out?
What legal actions, if any, can the tenant take in this situation?
2025/03/25
71
I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
I was evicted from my apartment after living there for five years. My landlord informed me a year in advance that the lease would not be renewed because he intended to sell the property.
Prior to this, he attempted to impose a rent increase that was not compliant with RERA regulations, which I refused to accept. He then served me with an official Dubai Court eviction notice, citing the need to take back the property for sale.
Five months after I moved out, I discovered the property was rented out at a much higher price. Upon further investigation, I found that the ownership was transferred as a "Gift" rather than a sale.
This makes it seem like the eviction was only to raise the rent rather than a genuine need to sell.
Do I have a valid case for wrongful eviction against my landlord?
Also, under Dubai law, does transferring ownership as a "Gift" hold the same legal grounds as selling in justifying eviction?
2024/12/18
99
What to do if you get terminated and denied gratuity for a minor mistake? 0
My brother has been working for a company for 11 years. In the last 3 weeks, he had an incident/accident and scratched a plane since he only had 1 person to assist him as the company was not hiring enough people.
Senior staff like him are working more to train inexperienced new hires which adds to their workload working almost 12 hours/day including travel to DWC.
The pilot said it was aesthetic and could be painted over but a police investigation ensued. Last week 3 managers and HR talked him down as the investigation concluded.
He was terminated immediately with only this month's pay and his 11-year gratuity will not be given by the company. It was not gross negligence or malicious intent, he just didn’t have enough people to help him.
He owned up to the mistake and reported the incident within 24 hours. Can he fight for the gratuity?
2025/01/13
98
How can a person under a deportation grant a POA to a trusted person for managing his assets? 0
A person currently under a deportation order wishes to appoint a trusted person with Power of Attorney (POA) to manage their financial and legal matters, including access to their bank account and other obligations.
What is the process for obtaining and registering a POA in this situation?
Can it be done while they are still in custody, and what steps should they follow to ensure?
Please help.
2025/01/14
97
Does it matter whether the cheque was issued to an individual or a company? 0
Hello,
What legal recourse is available in the UAE for a cheque bounce?
Does it matter whether the cheque was issued to an individual or a company?
Does the value of the cheque affect the legal action or process?
2025/01/06
103

متميز
إجابة أخرى من
326 326 إجابات •
عرض الجميعتوقيع شرط عدم المنافسة عند انتهاء عقد العمل 0
سيدي العزيز / سيدتي العزيزة،
لقد وقعت عقد عمل مع وزارة العمل ولم يكن به شرط "عدم المنافسة".
الآن، أريد مغادرة الشركة، لكن صاحب العمل يريد مني أن أوقع على شرط "عدم المنافسة" في عقد الإنهاء.
في هذه الحالة هل سيطبق علي شرط عدم المنافسة أم لا؟
2022/10/19
294
Max deduction for severance pay due to damage/negligence in UAE 0
Dear Questioner,
In the UAE, is there a maximum amount an employer can deduct from an employee's severance pay due to damage/negligence?
2023/04/26
204
Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 0
Hi,
I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building.
The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024.
One of the articles in the MoU states:
In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates.
I need help urgently.
2024/09/16
258
ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى؟ 0
صباح الخير،
ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى في حال كون المدَّعِي (فرد) والمدَّعَى عليه (شركة) في الإمارات؟
شكرًا!
2022/01/13
747
استحقاق المحامي نسبة من الفائدة القانونية رغم إبرام عقد سنوي بمبلغ مقطوع 0
السلام عليكم،
اتفقت الشركة مع مكتب محاماة على عقد سنوي بمبلغ مقطوع بالإضافة إلى نسبة من المبلغ الذي يتم تحصيله من القضايا.
هل يستحق المحامي نسبة من الفائدة القانونية المقضي بها حكمًا؟
2022/04/27
865
احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية.
أرسل طلبك واحصل على عدة
عروض تنافسية من
محامين مؤهلين.
أسئلة شائعة
عرض الجميع هل تبحث عن شيء آخر؟
اطلب استشارة من محامٍ