أسئلة وأجوبة
أسئلة وأجوبة
3 متاح 3 • عرض الجميعWhich labor law applies to a resigned employee who still was on an unlimited contract?
0
Q: If an employee has resigned within 3 years and his contract has not been converted to a limited contract, what would be the gratuity to be paid?
The date of Joining is 1/1/21, and the last day of service is 31/12/23. The basic salary is 10,000.
Will it be as per the New Labour Law or can we pay them as per the Old Law as mentioned in Article 68 of the new law which reads as below:
"Subject to the provision of Clause (2) of this Article, the employer may calculate the end of service benefits in accordance with the provisions of the employment contract with an undefined term stated in Federal Law No. (8) of 1980 indicated above."

2023/11/17
99
حقوق الموظف عند إنهاء الخدمة بموجب قانون العمل الجديد
2
س: سيدي العزيز / سيدتي العزيزة،
كان أول يوم لي في العمل 3 أكتوبر 2021. في يوم الجمعة 1 مارس 2022، أبلغني مديري شفهيًا أنهم اعتبروا منصبي زائدًا عن الحاجة وسيقوم قسم الموارد البشرية بالتواصل معي.
اليوم هو يوم الاثنين، ومع ذلك، لم يعطوني أي إشعار كتابي حتى اليوم 04 أبريل 2022 والآن اكتملت الأشهر الستة الخاصة بي بالفعل.
وفقًا لقانون العمل الجديد 2022، هل لي أن أطلب ما يلي:
1. راتب/فترة إشعار لمدة شهر واحد.
2. راتب ثلاثة أشهر مقابل الفصل التعسفي.
3. الراتب بدلا من الإجازات.
4. تذكرة الطيران إلى الوطن.

2022/04/03
1823
التعويض بدلاً من الإشعار في حالة إنهاء عقد العمل
2
س: مرحبًا دكتور راشد،
أتمنى أن تكون بخير،
أنا مهتم بخدمات مراجعة العقود واستشارات قانونية.
أرغب في الحصول على بعض النصائح/مزيد من التفاصيل حول "التعويض بدلاً من الإشعار" وفقًا للفقرة الأولى من المادة 117 من القانون الاتحادي رقم 8 لسنة 1980 في شأن علاقات العمل والذي يمنح الموظفين القدرة على إنهاء العقد طالما أنهم يعوضون صاحب العمل.
في حالتي، لقد أمضيت بالفعل فترة إشعار مدتها شهر واحد بعد استقالتي ولكن لا يزال أمامي شهر آخر، ولأسباب شخصية (العودة إلى وطني)، أرغب في تعويض الشركة (في المنطقة الحرة) والمغادرة على الفور لأن سفري في أمر عاجل.
هل سيكون من الممكن ذلك؟
شكرًا لك.

2022/10/11
402
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
92612
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
103760
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
26962
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

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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
29
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
20
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

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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
55
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
43
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
32
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.
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
35
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
64

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عرض الجميعHow to claim compensation after receiving a court judgment in my favor for a car accident? 0
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
34
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
23
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
Can I resign during the probation period without serving a three-month notice to take another job? 0
I am working in the private sector, and currently I am in the probation period. I got a government job, so I submitted a one-month resignation notice.
My current company rejected my one-month notice and ordered me to serve a three-month notice (as per the contract).
I enquired with One Time Centre, and as per their advice, after one month, I can stop work and register a complaint against my company.
For this matter, how will the UAE law help me to solve it?
2025/05/02
23
Can the employer force the housmaid to work for unlimited hours without rest? 0
Hi
I'm a nanny, and at the same time, I work as a housemaid (khadama) here in the house. I work, but as I know, the nannies and housemaids have different rights, and my employer doesn't give me rest.
My work starts at 7:30 am and then finishes at 10 pm or less. It depends on whether the baby is asleep or what time they will take on me if not yet asleep. Is this right?
Also, at the time of eating, I'm still working because the baby is with me, so I just let her sit in her chair. That's how I eat.
Please answer me. I want to know my rights.
Because if I can leave during the 6-month probation, I want to take it if the employer is this kind. I don't know.
They are also expats, but they don't follow the rules of the UAE regarding a housemaid.
2025/05/01
27

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عرض الجميعMy husband sold the house we bought jointlyand took a cheque plus 1-year instalments from me. What can I do? 0
Hi,
I am a non-Muslim indian expatriate, residing in Dubai since 2015. The first 5 years, I was on a working visa, and after the delivery of my first baby, I left my job and became dependent on my husband.
In 2018, we bought a house together where I invested AED 2 hundred thousand from my income (I have proof in the form of a cheque). I also paid AED 3300 monthly installment for 1 year, for a personal loan taken out for the house.
But in spite of my resistance, my husband tactfully put the house in his name, so the title deed was in his name. In 2024, when my kids and I were in India for vacation, he cancelled our visas and residency. He also filed for a divorce in India.
The divorce is not yet finalised, and we are still married. Since August 2024, he hasn't let me access my house in Dubai, so I filed a case, which eventually went in my favor in January 2025.
Since I used to travel on a visit visa, I left for India and returned in March, to find out that my husband had already sold the house. The new owner is residing there.
What can I do now?
Help!
2025/05/01
20
Can the employer force the housmaid to work for unlimited hours without rest? 0
Hi
I'm a nanny, and at the same time, I work as a housemaid (khadama) here in the house. I work, but as I know, the nannies and housemaids have different rights, and my employer doesn't give me rest.
My work starts at 7:30 am and then finishes at 10 pm or less. It depends on whether the baby is asleep or what time they will take on me if not yet asleep. Is this right?
Also, at the time of eating, I'm still working because the baby is with me, so I just let her sit in her chair. That's how I eat.
Please answer me. I want to know my rights.
Because if I can leave during the 6-month probation, I want to take it if the employer is this kind. I don't know.
They are also expats, but they don't follow the rules of the UAE regarding a housemaid.
2025/05/01
27
My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
2025/04/30
19
Can 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
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
20

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عرض الجميعI have a case running in court and I am afraid the debtor will flee the UAE. Will a travel ban be automatically placed? 0
I filed a money claim above AED 10,000 (but will probably be above AED 50,000 if capital + dividends are combined) against someone in Abu Dhabi.
The mediation time has elapsed, 2 court sessions have been done, and the defendant still hasn’t shown up or appeared in either of those. In the last/latest court session, the judge said that the defendant is still inside the UAE.
About the travel ban, is it automatically applied to him because of the case, or do I have to ask/request it to be applied to him through the Abu Dhabi court?
2025/05/02
21
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
كيف يمكنني الاستعلام عن قضية إبعاد أمني ومحاولة العودة إلى الإمارات؟ 0
السلام عليكم،
أود الاستفسار بشأن قضية إبعاد زوج خالتي من دولة الإمارات العربية المتحدة. زوج خالتي كان مقيماً في الإمارات وكان قد وُلد وترعرع هناك.
في عام 2013 تم إبعاده من الإمارات، وكان ذلك نتيجة لسياسات حكومية كانت تستهدف مجموعة من المقيمين في تلك الفترة، وهو لم يكن قد ارتكب أي مخالفة في ذلك الوقت وكان يُعتبر ضحية للسياسات المتبعة.
أرغب في معرفة الإجراءات التي يجب أن أتبعها حالياً من أجل رفع هذا الإبعاد وتمكينه من العودة إلى الإمارات.
أرجو أن توضح لي كيف يمكنني مساعدته في هذا الموضوع.
شكراً جزيلاً.
2025/05/01
17
My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
2025/04/30
19
Can 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
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