Questions & Answers
Questions & Answers
9 available 9 • View allRedundancy and constructive dismissal
3
Q: Hello there,
I have been informed by my employer for 34 months, that my position is no longer required in our Dubai free zone office.
I was employed in 2014 to take up a Dubai-based position and I was informed that I would be taking over a Middle East Director in two years.
They have asked that I relocate to the UK in 3 months to take up the same position, they have given me 1 week to accept this offer.
Given that there is no mobility clause in my employment contract and offer letter, would I be within my right to refuse this offer on the grounds that it is unreasonable as we now know that it would take us (a family of 4 with 2 children) longer than 3 months to plan and move the family back to the UK?
What rights do I have if my employer were to make my position redundant, would I have grounds to sue for constructive dismissal as my performance has never been in question?

Jul 3, 2017
2386
Arbitrary termination of a labor contract
0
Q: My 2-year limited term contract in Dubai was terminated after 4 months due to my company downsizing; am I entitled to "without cause" termination compensation as per Federal Labour Law article 115?
My former employer says "no" as they had not managed to finalise my work visa, however, I cannot see that this is relevant as there was a UAE employment contract in place.

Dec 25, 2016
995
Employee's rights when forced to be downgraded
0
Q: Sir, I am employed in this company since April 13, 2011.
I was recently informed that my company is cutting back on expenses, and I am no longer needed in my position. They offered to continue hiring me as Documents Controller for a lower unspecified salary.
The reason is that they are abolishing my department for which I am the Manager receiving AED 21500 and AED 4500 housing allowance.
Ultimately, I refused. So they decided to terminate me asap, and the termination letter will be given to me in a few days.
Through your kind assistance, I wish to know what compensation is due to me for being terminated.
By the way, just in case this info if significant in my case, I suffered a heart attack last September 7, 2017. I was welcomed back to work December 15, 2017, with a total leave of 96 days.
I do not wish to continue because their treatment for me since reporting back is not the same, the new general manager is aloof and disrespectful towards me.
Thank you in advance.
Regards,
MELVIN ESTEPA

Feb 18, 2018
537
Rights of the employee upon receiving a redundancy termination letter
0
Q: Regarding limited-term contract termination by the employer, I would like to know the benefits; what will I get?
Currently, they sent me a termination letter saying that it is due to redundancy and mentioned that my last day of work is April 4, 2018.
My employment agreement mentions 1 month but my contract was a limited-term contract.
Advise me on this. Should I meet you to discuss it further?

Mar 11, 2018
742
Termination of employment contract for a valid reason
1
Q: Hi Sir/Ma'am,
I just want to ask for an advice regarding my status.
I'm currently working for over a year already under an outsourcing company with an unlimited contract and they placed me in a hospital. Unfortunately, the hospital cancelled its contract with our company.
Now, my company sent me an email with an attachment saying that they will be proceeding with cancelling my employment contract as per Article 113 of the UAE Labor Law.
The notice period started last Aug. 22, 2018, and my last working day would be until Sept. 21, 2018.
Now, my concern is what are the benefits that I'm entitled to?
Will I have a problem with the MOL if ever I'll be employed in the future?
And is this basically a termination letter?
Thank you and I hope that you could give me some advice regarding this matter.

Aug 30, 2018
833
Termination of a limited employment contract without notice
1
Q: Sir,
I work in a telecom company for more than 1 year. Now, the company has decided to terminate me because of non-performance but till now I didn't receive any termination email.
Today I received a message from MOL that my company has complained against me. My contract is limited and I am doing a job as sales.
Please advise.

Jan 30, 2019
458
Termination for non-performance and claim for arbitrary dismissal 


2
Q: Hi,
I am the GM of a company in the Internet City and the VP Sales MEAA.
My contract has been terminated after 13 years due to some results that did not meet the company expectations.
No process was followed prior to termination. I wish to know if I will have a claim for arbitrary dismissal.
Regards
A. D.



Nov 5, 2019
1077
The maximum compensation expected for arbitrary dismissal
1
Q: Hi,
I am pursuing a case against my employer for Arbitrary Dismissal. Is it common or rare to get 3 months of compensation?
What is the usual compensation courts grant? I worked for less than a year and was at a senior position (Director) with the employer.

May 17, 2020
986
How to claim your labour rights in case of termination for performance

1
Q: Hi,
I was notified as terminated by my company on 04/Feb/2021 after 5 years. I have a limited contract under JAFZA.
The reasons for termination as per the termination letter is due to my unaccepted management style. My termination came after raising a complaint against the management to the HQ for being discriminated against.
As per the termination letter, the notice period is 2 months Garden Leave per the contract, 2 months termination compensation and my EOS.
I filed a complaint against them to claim 3 months termination compensation instead of 2, my full bonus and the unused leave balance in lieu.
Currently, I am in my home country after I have informed them.
So my questions are,
Is there any risk that my employer can report me as absconded?
The court fees are calculated based on the total unpaid values, or only the additional values I am requesting?
For the bonus, is it likely to be paid based on article 1 of the UAE labour law that defines the wage as whatsoever paid on a regular basis?
Thanks,
A.


Apr 4, 2021
577
Legal blog
1 available 1 • View allAn Overview of the New UAE Labor Law and Recent Amendments of 2024 233
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.
Sep 10, 2024
90235
Laws & Regulations
3 available 3 • View allFederal 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.
Apr 20, 1980
103589
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.
Sep 27, 2015
12393
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).
Sep 20, 2021
26353

Other answers by
68 68 answers •
View allOptions for dealing with a divorce case while being abroad 0
Is it possible to have a divorce case and leave the country?
Do I have to stay in the UAE if the divorce is still not done?
The procedures are very slow and I cannot be in the UAE in the upcoming months.
What are the options for dealing with the divorce and the court while being abroad?
Jun 29, 2020
1230
Filing bounced cheques cases to force payment 0
What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company's name) in Sharjah?
Could we file a civil suit for the same as the person doesn't get released until he pays & clears the cheque amounts?
Are we also eligible to claim the damages & losses?
How much could be claimed for damages?
Please define with your best knowledge.
Thanking you for your kind cooperation.
Jun 8, 2020
495
How to guarantee my right in accrued leave days or payment 0
Dear Sir,
My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off.
However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets.
My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?
Jun 4, 2020
559
How to guarantee labour rights before signing the cancellation paper 0
Good morning All,
I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020.
Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan.
The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE.
They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee.
The company that I worked for is located in Dubai and is a private organisation.
Jun 4, 2020
510
Following up on a labor case after traveling to the home country 0
After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period.
I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me.
I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well.
I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?
Jun 4, 2020
1552
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