أسئلة وأجوبة
أسئلة وأجوبة
4 متاح 4 • عرض الجميعالإجراءات الواجب اتخاذها عند هروب صاحب العمل قبل التنفيذ في قضية عمالية

2
س: أعزائي،
كانت لديّ قضية عمالية ضد صاحب العمل. وأصدرت المحكمة الابتدائية في دبي حكمًا لصالحي في شهر ديسمبر 2018. وحكمت المحكمة بتعويض قدره 140,000.00 درهم إماراتي والذي كان عبارة عن الرواتب غير المدفوعة بالإضافة إلى مستحقات نهاية الخدمة.
بعد ذلك، فتحت ملف التنفيذ بعد فترة استئناف مدتها شهر واحد، لكن المالك هرب متعمدًا إلى الهند دون دفع درهم واحد قبل تنفيذ الحكم الصادر في القضية. وقام بتصفية كل ما يملك في دولة الإمارات. أريد معرفة الحل بشأن ما يلي:
1) هل الحكم في القضية العمالية قابل للتنفيذ في الهند (لديه أصول في الهند)؟
2) إذا كان الأمر كذلك، فما هي الإجراءات المتبعة؟
3) هل هناك خيار للتواصل مع الشرطة الدولية لمحاسبة هذا الشخص لأنه تخلف عمدًا عن دفع المستحقات والرواتب؟
4) هل يجب عليّ التواصل مع مكتب محاماة لإحالة الأمر إلى وكالة تحصيل ديون؟
في انتظار ردكم المؤكد.
شكرًا لكم.


2021/05/30
568
المطالبة بالرواتب والمستحقات غير المدفوعة
1
س: مساء الخير يا سيدي،
لقد كنت أعمل في شركة لمدة سنة و 6 أشهر. اختفى صاحب العمل ولنا رواتب ثلاثة أشهر لم يتم دفعها.
تقدمت بشكوى للحصول على الرواتب وإلغاء بطاقة العمل الخاصة بي.
هل يمكن أن يحكم لي بالحصول على راتبي من مبلغ الضمان البنكي الذي قدمه صاحب العمل عندما كان يعالج تأشيرتي؟

2019/03/27
569
كيفية المطالبة بالرواتب والمكافآت غير المدفوعة في حالة هروب صاحب العمل؟
6
س: صباح الخير أيها المحامي،
أتمنى أن يكون كل شيء على ما يرام.
هرب صاحب عمل زوجي ولم يعطه راتبه عن مدة 3 أشهر + مكافأة نهاية الخدمة عن 13 سنة. الشركة مغلقة الآن ولم يحصل أي من موظفيها على درهم واحد من صاحب العمل.
ومنهم من رفع قضايا عمالية، لكن حتى الآن لم يحدث شيء. ولا يزال زوجي يأمل أن يحصل عليه. إنها أموال تقاعده وهو محبط حقًا.
يريد إلغاء تأشيرته الآن لأنه حصل على وظيفة جديدة ولكنه يخشى أنه إذا فعل ذلك فلن يحصل على مكافأة نهاية الخدمة بعد الآن لأنه يحتاج إلى التوقيع على أنه تلقى كل شيء من شركته.
وهذا ما فهمه من شرح موظف علاقات العامة الخاص بالشركة. الرجاء المساعدة.
شكرًا جزيلًا وبارك الله فيك.

2022/09/29
424
The same case is filed in both the UAE and India. How can I get one dismissed?




1
Q: Dear Sir/Madam,
Someone has filed a case against me in both India and the UAE on the same matter. Is this not considered a conflict?
How can I get one of the cases dismissed?





2024/05/20
143
المدونة القانونية
1 متاح 1 • عرض الجميعالتوكيل وخدمات كاتب العدل الأخرى المُقدمة عبر الإنترنت في دولة الإمارات 28
مع بدء تطبيق الإجراءات الجديدة ذات الصلة بإصدار التوكيل عن بُعد في دولة الإمارات، بعد أن كان من الضروري مثول الموكل بشخصه أمام كاتب العدل لإثبات هويته ورغبته في إصدار التوكيل، نقدم لكم هذا المقال المُوجز لبيان الخطوات التي يجب عليك اتباعها لإصدار التوكيل.
2021/06/08
19252
قوانين وتشريعات
3 متاح 3 • عرض الجميعFederal 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
103759
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
Federal 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
26960

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In how many days can we file a criminal case and what is the role of the public prosecutor?
2025/03/18
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What notice to follow while resigning if there is contradiction, the company contract or MOHRE contract? 0
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I was under the impression of having a week's notice period but I'm being told it's 3 months and I'm losing a month's worth of salary.
On top of that, it's showing a non-compete clause for the same industry. I'm trying to change companies in the same industry, how much of an issue is that?
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Is the employee responsible for the expenses of changing his visa status from tourist to employment? 0
My friend is currently in the UAE on a visit visa and has received a job offer from a company.
However, the employer is asking him to pay for the visa status change from a visit/tourist visa to an employment visa since he is inside the country.
According to UAE labor law, who is responsible for covering these charges—the employee or the employer?
2025/03/19
65
What are the working hour regulations for nursing mothers in the UAE during Ramadan? 1
Hello lawyers,
Could you please clarify the regulations regarding working hours for nursing/breastfeeding mothers in the UAE during Ramadan?
How many hours are they entitled to?
2025/03/20
116
In an RDC enforcement case, what is the best way to pay, on the RDC app or directly to the landlord? 0
Hi
In an RDC enforcement case, what is the best way to pay?
1. On the RDC app or directly to the landlord?
2. I will pay today 1/3 of the outstanding, can I apply for a payment plan and how shall I do this?
Please advise.
Also, what will it cost me to get assistance in this process?
Thank you
2025/03/17
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متميز
إجابة أخرى من
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Good day,
I need help, please. I was involved in an accident. I was run over by a car and I was not the guilty party.
Now, I have received the judgment order from the court.
How do I submit it to claim my compensation from the guilty party?
Thank you!
2025/05/02
31
Is overtime applicable on work-from-home days under company’s policy? 0
Hello,
The company has a policy allowing employees to work from home once per week.
Now, employees are asking if overtime is applicable for those who work from home as well.
Could you please clarify?
Thank you!
2025/05/02
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Can the landlord send me an eviction notice for non-payment despite submitting an offer and deposit at RDC? 0
I’ve lived in my building for over 4 years, with the most recent rent being AED 50,000. Each year, the management collects cheques and extra AED 2,400–2,500 cash (no receipt) for management and Ejari fees.
My contract was due for renewal on 15 Feb 2025, but management delayed, demanding a 10% rent increase even though no formal 90-day notice and the RERA index did not allow it.
After a month of excuses, the manager called on 12 March, insisted increase to 55K, and threatened eviction if I refused. When I referenced RDC, he hung up. The next day, he again made unprofessional remarks, so I decided to go with RDC.
I submitted my offer and deposit on 13th March, but the management didn’t respond. The case went to the judge on 14 April he ruled in my favor.
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However, on 1st May 2025, I received a notarized eviction notice for non-payment of rent and communication.
My question is, what will happen at DLD now?
2025/05/02
16
Can I resign during the probation period without serving a three-month notice to take another job? 0
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My current company rejected my one-month notice and ordered me to serve a three-month notice (as per the contract).
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2025/05/02
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Can the employer force the housmaid to work for unlimited hours without rest? 0
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They are also expats, but they don't follow the rules of the UAE regarding a housemaid.
2025/05/01
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إجابة أخرى من
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عرض الجميعMy landlord increased my rent more than RERA Index and refused my offer and deposit. What to do? 0
Good morning,
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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?
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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.
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Filing a case for renewal will cost 5% of the rent, which is a significant amount right now.
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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?
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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?
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2024/10/15
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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
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عرض الجميعWhat legal action can a company take to recover an amount from a non-paying customer? 0
Hello,
We are a building materials trading company based in the UAE. We supplied materials worth AED 50,000 to a customer around 8 months ago, but despite repeated follow-ups and reminders, no payment has been made to date.
We would appreciate guidance on the following:
1. What legal action can we take to recover the amount?
2. What documents should we have ready (e.g., delivery notes, invoice, emails)?
3. How long does the legal process typically take in the UAE for such cases?
4. Is there a recommended timeline or deadline after which legal steps should be initiated?
Thank you in advance for your advice!
2025/04/25
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Can the husband put a travel ban on his two minor daughters after divorce? 0
Husband and wife are expats from Pakistan. The marriage gave 2 minor daughters first one is 3 years age, the second is 1 year age.
Now the husband has given a divorce to the wife two shots first in 2024 and second in 2025.
If the husband puts a travel ban on minor kids, how long and when can the wife get the removal of the travel ban?
If my wife has to travel abroad in an emergency, how can she take her minor children on a long trip?
After divorce confirmation by the UAE court and custody awarded to the mother, please advise and clarify in detail.
2025/04/23
42
A pharmacy gave me the wrong set of medicine that was not prescribed by my doctor. Can I file a complaint? 0
A pharmacy gave me the wrong set of medicine that was not prescribed by my doctor.
Can I file a complaint?
2025/04/24
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Can I submit a medical report for a surgery I did in my country so that the annual leave won't be affected? 0
I have undergone a surgical treatment in India and got a medical leave report from there for 15 days.
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The HR is responding that the same 15 days of medical leave will be counted from my annual leave.
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2025/04/24
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How to file a civil case to reclaim my car after a manager’s check bounced? 0
Hello,
I sold a car and was given a manager’s check, which bounced. The car was recovered after filing a complaint.
How can I file a civil case to get my car back, as the sale condition was not met?
2025/04/23
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عرض الجميعCan I keep my daughter's physical Emirates ID if the custodian already has the digital copy? 0
Hello,
Can I keep my daughter's physical Emirates ID with me? I already provided the digital copy to the custodian, my ex-wife.
Or should I hand it over to her?
2025/04/24
36
Is it possible to change jobs and process visa while facing a police case and a travel ban? 0
Hello,
My husband has a police case now and a travel ban, and is still waiting for trial with the prosecutor.
Is it possible for him to transfer to a new employer within the country?
Will he be able to process his visa?
2025/04/24
88
What legal action can a company take to recover an amount from a non-paying customer? 0
Hello,
We are a building materials trading company based in the UAE. We supplied materials worth AED 50,000 to a customer around 8 months ago, but despite repeated follow-ups and reminders, no payment has been made to date.
We would appreciate guidance on the following:
1. What legal action can we take to recover the amount?
2. What documents should we have ready (e.g., delivery notes, invoice, emails)?
3. How long does the legal process typically take in the UAE for such cases?
4. Is there a recommended timeline or deadline after which legal steps should be initiated?
Thank you in advance for your advice!
2025/04/25
55
How to stop my employer from cancelling my visa as it needs to be active in the process of golden visa? 0
I am in the process of applying for a golden visa, and the nomination letter from Creators HQ will take up to 4 weeks.
In the meantime, my previous employer has started my labour card cancellation.
Amer has told me that my visa and labour card need to be active before my golden visa is issued.
How can I stop my former employer from cancelling my labour card and visa?
2025/04/25
34
Can the landlord send me an eviction notice for non-payment despite submitting an offer and deposit at RDC? 0
I’ve lived in my building for over 4 years, with the most recent rent being AED 50,000. Each year, the management collects cheques and extra AED 2,400–2,500 cash (no receipt) for management and Ejari fees.
My contract was due for renewal on 15 Feb 2025, but management delayed, demanding a 10% rent increase even though no formal 90-day notice and the RERA index did not allow it.
After a month of excuses, the manager called on 12 March, insisted increase to 55K, and threatened eviction if I refused. When I referenced RDC, he hung up. The next day, he again made unprofessional remarks, so I decided to go with RDC.
I submitted my offer and deposit on 13th March, but the management didn’t respond. The case went to the judge on 14 April he ruled in my favor.
On 30 April, I applied for the execution of the ruling, and RDC says I can renew Ejari only on 8th May at DLD with cheques given to them.
However, on 1st May 2025, I received a notarized eviction notice for non-payment of rent and communication.
My question is, what will happen at DLD now?
2025/05/02
16
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