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
6380
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
2726
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
692
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
92592
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
26961
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
103760
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
12466

إجابة أخرى من
لا توجد 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
170
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
411
Is it mandatory for a self-represented applicant to sign the memorandum of defense in a civil dispute? 1
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
89
Can an innocent person's name be dropped during the investigation before court referral? 1
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
146
How can a wife file for khula when she is financially dependent on her husband? 1
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
195

إجابة أخرى من
لا توجد إجابات
عرض الجميعWhat can I do if my tenant moved out without notice after serving him rent increase notice? 2
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
111
Will my fees be refunded if I close a cheque execution case that I opened against someone? 1
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
168
As a partner who loaned money to the company, should I sue the company or my partner? 1
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
133
How can I withdraw my case to release someone arrested for harassment? 1
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
352
What happens next after a DUI arrest and vehicle impound? 1
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
175

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعCan I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
2025/05/01
50
How to file a case against my former company for unpaid salary I was not on their visa? 0
Dear Legal Advice Middle East,
I hope you are well.
I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED.
However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid.
I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels.
This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship.
As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline.
Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.
2025/04/30
25
After closing the company, can an investor stay in the UAE until the residence visa expires? 0
Hello,
An investor has a residence visa valid until February 2027; however, he wishes to close the company before the current license expires in December 2025.
Can the investor still legally reside in the UAE until the residence visa expires?
2025/05/02
28
Can I return to Dubai after 12 years away on a new employment visa? 0
Hello,
I came from Dubai to India on emergency leave, but unfortunately, I did not return. It has now been 12 years. Can I go to Dubai on a new visa?
I have already received a new employment visa from another employer.
Can I return to Dubai, or will there be any problems with UAE immigration?
Please advise!
2025/04/30
19
Employer agreed to settle before MOHRE. What if they don’t pay the promised amount? 0
Hello,
I already have a dispute order with MOHRE. Then my employer became willing to settle the case.
What should I do in case they do not follow through with the promised amount to pay?
2025/04/29
42

إجابة أخرى من
لا توجد 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
305
Can I apply for Amnesty 2024 with a bounced cheque and credit card debt? 5
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
1002
How can I resolve a travel ban with an expired passport and a bounced check case? 1
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
186
I have an unpaid credit card in the UAE and I will be traveling to Qatar. Will I be arrested? 1
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
167
I had a drug case against me and it has been closed. Can I get a new employment visa? 1
I have had a drug case against me recently and it has been closed. I have paid my fine and I am cleared from the travel ban.
I am still working with the same employer but I am thinking about changing jobs.
Will I be able to get a new employment visa and be hired in a new firm despite the record?
2024/03/28
563

إجابة أخرى من
لا توجد 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
89
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
120
How can a person under a deportation grant a POA to a trusted person for managing his assets? 1
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
123
Will the court unfreeze my account automatically after alimony payment? 1
Dear Sir/Madam,
The Dubai Court has frozen my bank account because I was late on an alimony payment. The money was automatically deducted from my salary this month.
Will the court automatically unfreeze the account once this is done, or will I need to petition the court to issue an order to unfreeze it?
2025/01/07
118
What is the process of renewing the visa while a criminal case is still ongoing? 0
What is the process of renewing the visa while a criminal case is still ongoing?
I got first instance court judgment in my favor and was declared innocent, however, the prosecution filed the appeal.
My residence visa is due for renewal next week. Can I process my renewal or it is blocked till the time this case is over?
2025/01/10
297

إجابة أخرى من
لا توجد إجابات
عرض الجميعCanceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 1
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
303
Absent repeatedly due to salary delays. Can the company terminate them without EOSB? 1
Dear Sir/Madam,
There is an employee who has been absent repeatedly. However, the company is not paying salaries on time, with regular delays in salary payments.
Can the company terminate the employee without end-of-service or notice period compensation if the employee cites occasional salary delays as the reason for their absences?
2024/06/04
194
If staff did not come back from vacation, after how long can we terminate him/her? 3
If staff did not come back from vacation, after how long can we terminate him/her?
2024/05/09
881
I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US? 0
I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US?
2024/01/26
607
How can the alimony be discussed in court if the spouse did not attend the hearing of divorce? 1
Is alimony discussed during the 1st court hearing for unilateral divorce (personal status non-muslim) or will this be post-divorce?
If the spouse does not attend the hearing, will the divorce be postponed?
If the spouse cannot be found and is not informed, will Dubai Courts close the divorce case?
2024/01/12
289
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