Questions & Answers
Questions & Answers
9 available 9 • View allLabour rights upon resignation for non-payment of salary
10
Q: Dear Ahmed,
My sister is working for a catering company based in a school and she didn't get her salary since May. She doesn't wish to continue with this company.
Her contract is limited and joined in September 2017, but the contract is dated 04/12/2017.
As per article 121, she has the right to resign without notice, however, another article says that she needs to pay the employer “early termination compensation”.
How can we proceed without losing the money?
Thank you.
Maya
0503183185

Sep 17, 2018
4976
Labor case for the non-payment of salaries
0
Q: Dear Sir,
I was working as a construction manager in one of the facade companies in Dubai for the last 2 years.
This company has salary delays during the beginning of my career and unfortunately, it worsened over the years and currently reached almost 10 months and I have to quit the company now.
The issue is that the above facade company took the employment visa for me from another company who was supplying labours (labour supply company) to them since the facade company can't provide visas.
Is there any way to claim my balance salary and end of service benefits from the facade company?
I have a copy of the contract between the facade company and my visa provider company (labour supply company) and NOC from this labour supply company.
Also, I have proof (emails and others) to prove that I worked in the facade company as their employee. Is there any other way if I approach any law firms such as yours?

Mar 18, 2019
723
Rights of the employee upon resignation for salary delay
31
Q: If salary is given delayed by the employers for 3 months and the employee filed for resignation, is the employer capable of giving a ban to the employee?
And is it legal to deduct 45 days from the settlement because the contract was not finished?

Mar 20, 2018
11894
Non-competition clause and dues upon resigning for holding salaries
0
Q: Dear Nadine,
I have recently resigned from my company based in Dubai due to non-payment of my salary for the last three months (Apr/May & Jun 2019).
I resigned on 11th June 2019 and served my notice period till 30th June 2019. My company requested to serve 30 days’ notice period which I refused to serve DUE to non-payment of salary.
Finally, I requested them to cancel my visa which is under process and soon it will get cancelled hopefully by this weekend. I have also requested them to pay my dues/others which include:
1) Salary for three months
2) 6 years gratuity
3) ALL of 10 days
As per my employment contract, an employee may not take up any employment directly or indirectly through a subcontractor with the client of the existing employer for a period of one year after the last day of the service period.
Under the above scenario, can I join my ex-employer – client directly or indirectly through a subcontractor?
Please advise.
Regards,
S. H.

Jul 2, 2019
537
Unpaid salary and the right to resign and claim all benefits


5
Q: Good day,
I am working in an LLC Company in Dubai with an unlimited contract. My scenario is as follows:
1. I am not paid salary for the last 6 months, haven't filed a case yet.
2. My visa and contract are finishing by the end of July 2019.
3. I got a job offer to join in August 2019.
4. My company is giving hope to give 2 months salary by 20 July 19.
5. The company is not paying the settlement to any while leaving.
Please advise me, can I leave this firm by the end of July and join the new offer without resignation and notice period?
My resignation will stop 2 months salary offered from them ( point 4 ).
Expecting a soon reply and thanking you.



Jul 17, 2019
4162
Repercussions of resignation after completion of one year of service

2
Q: Hi
I'm S.
May I ask a question.
What if I resign to my company after 1 year? Should I pay? My visa is DIFC free zone.


Aug 25, 2019
467
عمل الموظف أثناء إجازته من تلقاء نفسه ومطالبة صاحب العمل بالأجر
0
س: ما الإجراء القانوني مع موظف تقدَّم باستقالته عن طريق البريد الإلكتروني ووضع جميع الموظفين وأصحاب العمل بالبريد الإلكتروني، وبعد يومين، تقدم بشكوى عمالية ضد المنشأة يطالب براتب شهر عن عمله من المنزل أثناء إجازته السنوية المدفوعة بالكامل بالفعل؟
لم يطلب منه مديره المباشر أو أصحاب العمل أن يعمل أثناء إجازته لا شفهيًا ولا كتابيًا مع العلم أن عقده غير مُحدد المدة ويعمل منذ ٣ سنوات ونصف.
هل يجوز أن يُكمل شهر الإنذار بعد تقدمه بشكوى عمالية؟

Aug 9, 2020
249
Can you resign without a notice period for the non-payment of salary?
5
Q: Dear Sir,
I am working as a pharmacist in a single pharmacy in Ajman since July 2015. I am the only employee in this pharmacy. My contract is unlimited and my salary is 5500 (basic 2000).
My 18 months' salary is pending since 2019. I filed a labor complaint in November 2020 and my employer promised me to pay an additional salary from January 2021, so I withdrew my complaint.
After the labor complaint, my salary was a bit regular but there were some months when the salary was pending. I had the trust that he will clear my pending salary. My visa is till May 2022.
I request you to guide me in this situation since I do not want to continue the job. Also, can I resign without notice period?
Regards

Sep 19, 2021
2033
Can I resign and join a new company without affecting my settlement claim?



3
Q: Dear Sir/Madam,
I recently filed a complaint with MOHRE and received a call from them today asking for my claims. I am working as an electrical engineer under a limited contract.
My start date was March 10, 2022, but my labor contract was not completed until April 24, 2022.
- My offer letter states that my salary is 25,000 AED per month, but my employer made my labor contract state that my salary is 15,000 AED per month. The employer has paid me partial salaries as he wished, sometimes 25,000 AED and sometimes 15,000 AED. As of today, my partial/pending salaries total 150,000 AED in 14 months of service.
- The employer has failed to provide me with medical health insurance. Also, as per my offer letter, the employer agreed to provide medical health insurance to my family. However, the employer has failed to reimburse me for any submitted bills.
- The employer has failed to pay my annual leave.
In such a scenario, what will happen with MOHRE? Can I resign and join a new company without affecting my settlement claim?
Should I apply for 1-month leave as per my right and look for a new job?




May 11, 2023
142
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
90194
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
103587
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
26347

Other answers by
305 305 answers •
View allالضمانات التي تحصل عليها شركة التمويل مقابل إعطاء قرض 0
حصلت على قرض شخصي وكريدت كارد من مؤسسة للتمويل بإجمالي ٥٠ ألف وتعثرت لفترة والآن يطالبونني بدفع مبلغ ٢٠٠ ألف درهم بالفوائد وكنت أعطيتهم شيك بقيمة ٤٢ ألف وقتها.
سؤالي:
هل يوجد سند لأمر داخل عقد القرض (الأبليكيشن) الخاص بالشركة التي وقعت معها في البداية؟
أم لا يملكون ضمانًا آخر يُمكِّنهم من مقاضاتي به سوى الشيك الذي أعطيته لهم فقط؟
مع جزيل الشكر!
May 19, 2021
482
تقديم دعوى ضد مقاول استلم دفعتين من المال وأوقف العمل 0
هناك مشكلة مع مقاول إذ اتفقنا على بناء ملحق داخل منزل خاص ووقعنا العقد واستلم أول دفعة.
اشتغل حسب العقد واستلم الدفعة الثانية وأوقف العمل ويرفض المواصلة. تبين لي بعدما حاولت أن أقدم شكوى ضده أنه يستخدم ختم وعقد لشركة منتهية في سنة 2013 ولا يوجد لديه أي ترخيص.
كيف أستطيع أن أشكوه وبنفس الوقت أواصل البناء؟
May 20, 2021
961
Can the wife file for maintenance in the UAE after judgement in home country? 0
My wife and I are non-Muslims. Divorce was settled in our home country court which decided that I am the custodian of the children and no alimony has to be paid to her.
Children are living with me here in the UAE. However, she still resides here in the UAE using a tourist visa. She is planning to file a Maintenance Case against me in the UAE Family Court.
Can she do that?
Am I obliged to pay her alimony?
Dec 7, 2020
1377
ماذا بعد الحصول على حكم في قضية عمالية؟ 0
فصلتني الشركة فصلاً تعسفيًا وقمت بمقاضاة الشركة والحمد لله حصلت على حكم بمستحقاتي المالية من رواتب متأخرة ومكافأة نهاية الخدمة.
تقدمت بطلب تنفيذ ولم تدفع الشركة لي أي مبالغ حتى الآن!
ما الخطوة الواجب فعلها في هذه الحالة؟
Oct 8, 2020
555
Cancellation of an off-plan property and seeking refund 0
Hello
I bought an off-plan apartment with a developer, paid half and the other half was supposed to be paid on receiving the apartment which was supposed to be received end of 2019.
But they postponed it till March 2020, and now the project is way behind and no improvement at all as I'm in phase 2 and they are still building phase one.
What can I do to get my money back?
Sep 26, 2020
669
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