Q: Hi, I need advice on HR related matter: I joined in Nov 2014. That time the HR manual applicable says that the gratuity is applicable post completion of 1 year of service. Since the same is more beneficial as compared to labour law, the same is applicable. Now, the company changed the HR manual in January 2018, wherein they mentioned that the gratuity is applicable only for employees completing 5 years. The issue is that they applied the new HR policy retrospectively and not prospectively. I need advice on whether the HR Policy can be applied retrospectively or not. Is it legally binding? Can they apply the new policy (with respect to gratuity) on employees who joined when the older HR manual is in force? Should the older gratuity rule be applicable to all the employees who joined before implementing the new HR Manual? If you need any additional info, would be happy to share. I would require written advice from your end. Please advise on the charges accordingly.

Q: I purchased a commercial shop and seller left Dubai immediately after that. There's loan with the bank in name of shop. 1. Fed Law No.18 of 1993 CL 47(1) says that the person upon whom the title to the business premises has devolved shall remain liable for the debts, if the creditors of such debts submit a statement thereof within the said prescribed period and........ 2. Clause 47 (3) says: Furthermore, the disposing party shall remain liable for the debts related to the business premises and which have arisen prior to the notification of the disposal unless he is discharged therefrom by the creditors. What is the difference between the two? Our sale agreement CL 8 says First Party (seller) bears all obligation owed by the Sold shop in favour of others including rents, wages, salaries, fees, taxes, fines .... and all other expenses related to the Shop until the date of registration of sale with the competent authority. What takes priority, sale agreement or Fed Law and who has liability for the loan?

Q: Dear Sir/Mam, What is the labour law reference for basic salary as base computation for EOSB? We applied a fixed monthly wage before. Is that a problem? Thanks in advance.

Q: Hi Ludmila, If a company pension is given as part of a salary package (and one is made to sign it as an alternative to end of service gratuity) is one entitled to end of service gratuity? I have been told by third parties that I am entitled to claim the end of service gratuity even though I have received annually a company pension payment. I have worked for this international company since 1999. Thanking you for your advice. Best regards R.

س: تحية عطرة، أنا إماراتي عملت سابقًا موظفًا في الحكومة الاتحادية واستقلت منها واستلمت مبلغا قدره (ثمانون ألف درهم) باعتباره مكافأة نهاية خدمتي. بعد أربع سنوات، رجعت إلى وظيفة لدى حكومة أبو ظبي، وقدمت طلبًا لضم خدمتي السابقة إلى خدمتي الحالية، وتمت الموافقة على طلب الضم على أن أسدد مبلغ الثمانين ألف درهم قيمة المكافأة الذي سبق أن استلمتها. مضت السنون (19 سنة) ولم أسدد المبلغ . وعندما أردت أخيرًا أن أسدد قيمة المكافأة، طلبوا مني سداد ما يقارب مبلغ المليون درهم، بذريعة أنه حدثت إعادة تقييم جديدة لطريقة حساب المعاش التقاعدي. السؤال: أليس القرار الذي صدر سابقًا بقبول ضم خدمتي وسداد مبلغ (الثمانين ألف درهم) هو الواجب التطبيق، كونه أصبح حقًا مكتسبًا لي لا ينبغي تعديله أو إلغاؤه، وعلى أساس مبدأ عدم رجعية القرار الإداري، وحفاظًا على استقرار الأوضاع للأشخاص وعدم تجاوز السلطات على بعضها البعض، وغير ذلك من الأسباب المتعلقة بأحكام وقواعد تطبيق القرارات الإدارية؟ ألتمس من أساتذتي الأفاضل الرد القانوني السليم مع جزيل شكري وتقديري!

Q: Dear Sir/Madam, When it comes to legal documents, which of the following is valid? - A contract signed between an employer and employee on a company letterhead. - A contract signed between an employer and employee on a government letterhead, which is the UAE Ministry of Human Resources and Emiratization.

Issue: An employee resigned from the job after working for 5 years, and signs a letter addressed to the employer that he wants his gratuity to be paid only after his customer pays the employer. Therefore, has the employer defaulted for End of Service (EOS) payment under the UAE Labour Law?

The UAE has mainly the 3 sectors which have their employment laws, like the laws of companies under MOHRE (governed by Federal Law no. (8) of 1980 Labour Law, Domestic works govern under Federal Law no. (10) of 2017 On Domestic Workers and Free Zone companies governed by their specific employment laws.

The UAE has adopted a major reform in its legislative system that brought about 40 new laws and amendments to the company law, criminal law, personal status, among others. The amendments aim to develop the legislative structure in various sectors, the labor law being one of these, was the most recent. We try in this article to shed light on the changes introduced with the new labor law and their significance on both, the employer and employee.

The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.

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.

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).