أسئلة وأجوبة
أسئلة وأجوبة
7 متاح 7 • عرض الجميعهل يجب على شركتي دفع مكافأة نهاية الخدمة إذا استقلت بعد سنة؟
س: من فضلك، أريد أن أعرف إذا ألغت شركتي عقدي بعد سنة من الخدمة، هل يجب عليهم دفع ثمن تذكرة الطيران الخاصة بي وإعطائي مكافأة نهاية الخدمة؟
2023/07/31
334
احتساب مكافأة موظف عمل في شركات شقيقة؟
س: كيف يتم احتساب المكافأة في حالة النقل الداخلي حيث لم يتم دفع مكافأة نهاية الخدمة أثناء النقل ولكن سيتم دفعها أثناء استقالة الموظف؟
2022/01/06
504
تخفيض مكافأة نهاية الخدمة المستحقة عند الاستقالة بسبب التأخر في الحضور
س: تحياتي،
أتمنى أن تكون بخير.
نظرًا لأننا نقوم بحساب مكافأة نهاية الخدمة المستحقة لأحد الموظفين (استقال في وقتٍ سابق)، وجدنا أن تقرير الحضور اليومي الخاص به أثناء خدمته (وكل ذلك مذكور في السجلات الرسمية) يوضح أنه على الرغم من الإشعارات الخطية الرسمية المستمرة (التي وقعها الموظف) تخلف الموظف عن الحضور في مواعيد العمل الصباحية الرسمية واستمر في التأخير مما تسبب في أضرار مالية بسبب تأخير تسليم العمل.
نريد معرفة القاعدة التي يجب تطبيقها عند خصم ساعات الحضور المتأخرة أثناء فترة عمل الموظف من مكافأة نهاية الخدمة المستحقة له (وفقًا لتقارير الحضور) بسبب الأضرار المالية التي لحقت بالشركة.
فيما يلي تفاصيل اتفاقية العمل:
- نوع العقد: غير محدد المدة
- تاريخ البدء: 13 يوليو 2014
- آخر يوم في الخدمة: 10 مايو 2021
- اكتملت فترة الإشعار: 60 يومًا تقريبًا
- سبب ترك الوظيفة: الاستقالة
- الراتب الأساسي: 4000 درهم إماراتي
2021/05/25
423
When we calculate the end-of-service benefits of a terminated employee, how do we calculate the unused leave?
Q: One of our employees has been terminated due to the completion of the project and he has 36 days of unused leave.
When we calculate his end-of-service benefits, how do we calculate the unused leave?
As per the labor law -
Point no 9 of Article 29 of Federal Law 33 of 2021 mentions:
9. The worker shall be entitled to a wage for the accrued leave days if he quits the work before using them, regardless of the leave duration, with respect to the period for which he did not obtain his leave. He shall also be entitled to receive leave wage for parts of the year in proportion to the period he spent in work and it shall be calculated according to the basic wage.
So, should it be based on the wage (as mentioned in the 1st line of the Article) or will it be calculated based on the basic wage (as mentioned in the last line)?
Please give clarification on this to avoid disputes.
Thank you for answering!
2024/08/28
75
Am I eligible for leave salary after one year of service if I resign with the required notice?
Q: Dear Lawyers,
After completing one year of service, am I eligible for leave salary if I resign with the required notice period?
What are my rights if the company does not pay or delays the cancellation of my visa, as I am joining another company?
+2
2024/10/16
228
I resigned before completing 1 year. Am I still eligible for leave salary and gratuity?
Q: Dear Lawyers,
I resigned before completing 1 year, but with a 90-day notice, I completed 1 year and 27 days. Am I still eligible for leave salary and gratuity?
2024/10/15
221
I am resigning from my work. Am I responsible for visa costs? Am I eligible for EOSB if I served 1 year and 2 months?
Q: I would like to seek legal clarification regarding a clause in my employment contract.
The contract states: “In the event the employee terminates the contract prematurely, applicable visa charges will be incurred by the employer.”
I have completed 1 year and 2 months of my 2-year contract, but I am considering resigning. My employer has informed me that I may have to reimburse the visa costs due to this clause.
Could you please confirm:
1. Is it legal under UAE labor law for the employer to require me to pay for visa costs upon resignation?
2. Am I entitled to any end-of-service benefits (gratuity) after completing 1 year and 2 months?
3. Are there any penalties or labor bans that may apply if I resign before completing 2 years?
I would appreciate your guidance on this matter.
Please let me know if a consultation is needed.
2025/04/02
71
المدونة القانونية
3 متاح 3 • عرض الجميعنظرة عامة على قانون العمل الجديد في الإمارات وآخر التعديلات لعام 2024
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
92123
هل تُدفع مكافأة نهاية الخدمة في الإمارات؟
المشكلة: قدم موظف استقالته من الشركة التي عمل بها لخمس سنوات، ووقع خطابًا موجهًا إلى صاحب العمل مفاده أنه لن يتلقي مكافأة نهاية الخدمة إلا بعد أن يقوم عميله بالدفع لصاحب العمل. فهل هذا يعني تخلف صاحب العمل عن دفع مكافأة نهاية الخدمة وفقًا لقانون العمل الإماراتي؟
2017/10/05
9099
كيف ترفع دعوى عمالية في الإمارات العربية المتحدة
مقال في صورة مقابلة يتناول موضوع رفع دعوى عمالية في الإمارات العربية المتحدة. مقتبس من المدونة الصوتية القانونية للمحامية لودميلا يامالوفا، مؤسسة مشروع لوجيكال مع لايلو.
2021/05/10
11307
قوانين وتشريعات
2 متاح 2 • عرض الجميعFederal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations
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
26836
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations
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
12453
متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعHow many days do I need to wait for company cancellation following resignation and notice?
Hello,
How many days do I need to wait for company cancellation following resignation and one-month notice?
2025/04/29
15
Despite a waiver, the case is still with the public prosecution. Can I travel?
Hello,
I had a case regarding fraud by technical means, and we did a tanazul.
It was attested and submitted to the court, but the case still hasn’t been dropped and is now with the public prosecution.
What do I do now, as I need to travel urgently?
2025/04/28
15
How can we claim our money back if the cheque we received have bounced for insufficient funds?
We received a cheque which has now bounced. We have tried for over a month and a half now to get a new cheque from the person, and every day he says the next day.
We need the money now. We have been to the police station, and they said they can not do anything as the reason the cheque bounced is "Insufficient funds."
We have been to Al Barsha - Dubai Courts, and they said there is nothing they can do about it.
We are not sure what we can do. We need the money asap to pay our kids' school fees, let alone all the interest we have lost.
2025/04/28
34
What can I do if my neighbors are constantly doing construction work and constantly drilling?
I live in a townhouse with a shared wall with my neighbors. They are constantly doing construction work and constantly drilling on the shared wall.
They said it will last for 2 months, working 6 days a week. It is driving us crazy, and there is no way to live this way, and I have to work from home.
I am very stressed. What is the immediate solution, please?
2025/04/25
39
What legal action can a company take to recover an amount from a non-paying customer?
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
49
متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعEmployer agreed to settle before MOHRE. What if they don’t pay the promised amount?
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
16
Despite a waiver, the case is still with the public prosecution. Can I travel?
Hello,
I had a case regarding fraud by technical means, and we did a tanazul.
It was attested and submitted to the court, but the case still hasn’t been dropped and is now with the public prosecution.
What do I do now, as I need to travel urgently?
2025/04/28
15
How can we claim our money back if the cheque we received have bounced for insufficient funds?
We received a cheque which has now bounced. We have tried for over a month and a half now to get a new cheque from the person, and every day he says the next day.
We need the money now. We have been to the police station, and they said they can not do anything as the reason the cheque bounced is "Insufficient funds."
We have been to Al Barsha - Dubai Courts, and they said there is nothing they can do about it.
We are not sure what we can do. We need the money asap to pay our kids' school fees, let alone all the interest we have lost.
2025/04/28
34
Who is supposed to pay for the transfer fee, the employee or the employer?
Hello
I joined my new company on February 26, 2025. Upon joining the new company, I asked HR if it was free to join the company, and she said yes.
After working with them for 1 month, I experienced a salary delay, and I had to go to the office to ask why there was a delay in my salary.
That is when the HR told me she deducted my whole salary to recover the transfer fee.
Now my question is, who is supposed to pay for the transfer fee, the employee or the employer?
2025/04/28
19
Is it possible for a foreigner to get a divorce in Dubai?
Is it possible for a foreigner to get a divorce here in Dubai?
2025/04/28
14
إجابة أخرى من
لا توجد إجابات
عرض الجميعWhat can I do if my tenant moved out without notice after serving him rent increase notice?
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
107
Will my fees be refunded if I close a cheque execution case that I opened against someone?
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
162
As a partner who loaned money to the company, should I sue the company or my partner?
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
131
How can I withdraw my case to release someone arrested for harassment?
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
341
What happens next after a DUI arrest and vehicle impound?
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
170
متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعHow many days do I need to wait for company cancellation following resignation and notice?
Hello,
How many days do I need to wait for company cancellation following resignation and one-month notice?
2025/04/29
15
Employer agreed to settle before MOHRE. What if they don’t pay the promised amount?
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
16
Despite a waiver, the case is still with the public prosecution. Can I travel?
Hello,
I had a case regarding fraud by technical means, and we did a tanazul.
It was attested and submitted to the court, but the case still hasn’t been dropped and is now with the public prosecution.
What do I do now, as I need to travel urgently?
2025/04/28
15
How can we claim our money back if the cheque we received have bounced for insufficient funds?
We received a cheque which has now bounced. We have tried for over a month and a half now to get a new cheque from the person, and every day he says the next day.
We need the money now. We have been to the police station, and they said they can not do anything as the reason the cheque bounced is "Insufficient funds."
We have been to Al Barsha - Dubai Courts, and they said there is nothing they can do about it.
We are not sure what we can do. We need the money asap to pay our kids' school fees, let alone all the interest we have lost.
2025/04/28
34
Who is supposed to pay for the transfer fee, the employee or the employer?
Hello
I joined my new company on February 26, 2025. Upon joining the new company, I asked HR if it was free to join the company, and she said yes.
After working with them for 1 month, I experienced a salary delay, and I had to go to the office to ask why there was a delay in my salary.
That is when the HR told me she deducted my whole salary to recover the transfer fee.
Now my question is, who is supposed to pay for the transfer fee, the employee or the employer?
2025/04/28
19
متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعCan my company stop me from leaving due to health issues unless I pay a penalty?
Hello,
I have health issues, but my company does not allow me to go to my home country without paying a penalty. Is that right?
Should I pay or not? I have already paid 4,500 AED to the company for the employment visa.
2025/04/21
35
Who is supposed to pay for the transfer fee, the employee or the employer?
Hello
I joined my new company on February 26, 2025. Upon joining the new company, I asked HR if it was free to join the company, and she said yes.
After working with them for 1 month, I experienced a salary delay, and I had to go to the office to ask why there was a delay in my salary.
That is when the HR told me she deducted my whole salary to recover the transfer fee.
Now my question is, who is supposed to pay for the transfer fee, the employee or the employer?
2025/04/28
19
Is it possible for a foreigner to get a divorce in Dubai?
Is it possible for a foreigner to get a divorce here in Dubai?
2025/04/28
14
What happens if the current tenant refuses to move and continues to stay on the premises?
Hi there,
If I switch/onboard a different/new tenant to the apartment that I own, how much notice should I give them?
The Ejari ends in October 2025, and I would like to have a different tenant after that. Do I need to give him 12 months’ notice for eviction?
What happens if the current tenant refuses to move and continues to stay on the premises without leaving? What options do I have?
2025/04/17
35
Can I submit a medical report for a surgery I did in my country so that the annual leave won't be affected?
I have undergone a surgical treatment in India and got a medical leave report from there for 15 days.
Can I submit the same medical leave report in the UAE so that the annual leave won't be affected?
The HR is responding that the same 15 days of medical leave will be counted from my annual leave.
Kindly assist
2025/04/24
31
إجابة أخرى من
لا توجد إجابات
عرض الجميعIs party C bound by the JV agreement between parties A and B after subcontracting its work to them?
Dear Lawyers,
There is a JV agreement between Party A and Party B. An Addendum was made in which Party C was added and subcontracted all its work to both Party A and Party B, forming a wholly separate contract.
There is an arbitration clause in the JV agreement. Is Party C bound by that clause? DIAC.
2024/09/23
86
Is it legal to resign after a recent visa renewal if I haven't been paid for months?
Dear Sir/Madam,
I've been working at our company for more than 8 years. Is it legal to resign if my visa was just renewed last March 2024?
My reason for resigning is that the owner hasn't given me a salary since March.
2024/07/11
1919
Shipping company holding goods due to floods, storage charges increasing. What now?
Dear Sir/Madam,
Seeking legal help for a dispute with a shipping company.
They are holding onto our goods because, during the Dubai floods, they were closed and refused delivery. We urgently need legal help to resolve this, as the storage charges are increasing each day.
Can you please advise on how to proceed?
2024/05/14
152
My employer holds my passport and asks for visa expenses to cancel it. Should I pay?
Dear Sir/Madam,
I am an expatriate in Dubai. I joined a company in Dubai, and my contract started in November 2023. It is a limited contract. Due to some issues with the management, they informed me that I would have to leave the company in March 2024, which I did.
Upon asking them to cancel my visa so I can return home, they said I have to pay around 5000 AED towards the visa expenses. I have asked them for the exact amount, but they haven’t provided it yet.
My passport is with them. I would like to check whether I have to pay the visa expense to them.
Since I am not aware of the formalities, I haven’t approached the Labour Department to get my passport back to leave. I fear they may cause more trouble if I initiate a complaint.
I would like to seek your valuable advice on how to proceed to claim my passport and exit UAE.
Please help!
2024/05/08
471
Three months' salary as compensation—do I work during this period?
Dear Sir/Madam,
I got terminated from my company, and they said they will compensate me for three months of my salary, but I have to work there until April, so it’s my salary, not compensation.
2024/01/29
373
متميز
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لا توجد إجابات
عرض الجميعCan a DTC holiday home permit be used as proof that my landlord re-rented the property after evicting me?
Hello,
My landlord vacated the property with 12 months' notice, stating he would live there himself.
However, he started renting the property through the holiday homes system.
Is a permit issued by the DTC for a holiday home valid proof to prove that he is renting and to claim compensation?
2025/03/18
68
I have video recording of my husband beating me. Can I show this in the child custody hearing?
I have a video recording of my husband beating me in our garden.
Can I show this in the child custody hearing?
It was filmed with my phone camera
2025/03/19
71
We won the case with the RDC to evict the tenant. What happens after waiting the cooling period?
We won the case with the RDC that the tenant has to evict the property. We are told there is a cooling period before they say the date he has to leave.
How long is the cooling period he can appeal and then what happens next if he appeals and if he doesn't?
He was served the one-year notice and then refused to leave, hence the case we raised with RDC and won.
Thank you
2025/03/19
56
Can a free zone visa holder work remotely across the UAE while visiting the company weekly?
Hello,
Is it legally permissible for an employee holding a Fujairah free zone visa with a job role in sales and marketing to primarily work remotely from various locations, including Dubai, while visiting the Fujairah-based company once a week?
The employee would meet clients and conduct business activities on the UAE mainland.
Does this arrangement comply with UAE labor laws?
2025/03/19
68
What are the working hour regulations for nursing mothers in the UAE during Ramadan?
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
107
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