Questions & Answers
Questions & Answers
10 available 10 • View allCompensation for the employee in case of termination for redundancy
2
Q: Hi
I'm employed by a Dubai-based LLC entity, and it has been 20 months as of now & my contract states as an unlimited period.
In case the employer terminates my contract with immediate effect due to the cost of redundancy, please advise what will be the end of service & compensations.
Thanks

Dec 7, 2018
1643
Rights of the employee in termination for redundancy
21
Q: Dear Sir/Madam,
Is it legal under the UAE labour law to dismiss someone for redundancy, in particular as this is not linked to restructuring, factory closure, business resizing...etc?
Regards,
EAM

Nov 29, 2018
10810
Leave salary calculation according to the law after resignation 
16
Q: I was working in one of the biggest and renowned groups in the UAE for 12 years and I have resigned (due to delays in salaries every month) on 01.06.2017 and served a 1-month notice.
After getting no response from the company for 5 months, I finally launched a complaint in TASHEEL. After the court hearing, I got a wrong judgment of settlement of 1 year instead of 12 years and was asked to raise an appeal against the judgment.
Again, after 7-8 hearings, I got the judgment which states that the leave salary to be paid for 60 days as per the basic salary. But as per my company's policy, the leave salary was payable as per the gross salary.
My dispute with the company was on the number of days of leave salary, which according to me should be 60 days and the company was paying for 37.5 days only.
I have again raised an appeal (Something called ILTIMAS if I am not wrong) attaching a translation of the company's HR Policy also, which was eventually rejected by the court.
I just want to know what is the next step to follow.

Nov 12, 2018
17670
Termination due to redundancy and settlement of dues

10
Q: Hi,
I am on engineer visa with a 2-year limited term contract from 24-Dec-2017 up to 23-Dec-2019 with my company. The last 2-Jun-2019, my company sent me a 1-month termination notice due to redundancy.
Now, I received my settlement computation showing my final salary, gratuity and leave entitlement only. They want me to sign my cancellation of the work permit stating that I received this settlement.
My doubt is, am I not entitled to the 3-month compensation due to early contract termination?
Does this termination due to redundancy exempt my company from paying me this settlement?
I hope you could help me confirm this issue.
Thank you.


Jun 29, 2019
2410
Rights of the employee in termination for redundancy


2
Q: I live in Australia and was recently employed by a company in Dubai.
I was made redundant and have not been paid all of my contracted entitlements as I was advised the company was being put into administration.
I don’t believe the company has been put into administration and they are simply looking to avoid payment of monies due.
What can I do?
Thank you



Jul 2, 2019
956
Claiming rights upon termination without any reason
0
Q: Is it okay not to sign the termination letter given by the employer as a part of redundancy without any specific reason or prior notification?
Also, can I demand 3 months salary as compensation?

Aug 4, 2019
422
Termination of services due to cost-cutting


0
Q: My company terminated my services without any reason except for what they told me that they are cost-cutting.
What are the complete benefits that they have to pay to me beside the gratuity?
I worked there for 3 years.



Nov 10, 2019
953
Arbitrary dismissal claim for termination due to restructuring

2
Q: Good day,
I have a question about my contract being terminated in the UAE.
I was verbally informed of my contract being ended due to redundancy on 6th October with no requirement to work the notice period. There is a 2-month notice period in the employment contract.
The written notification was only provided on 4th December. Company is refusing to pay gratuity and vacation during notice period with all calculations only being until 6th October.
Is this calculation correct? How does the lack of written notification affect this as I would think the notice period should commence when that is received?
Secondly, in the redundancy letter which was titled “Notice of redundancy,” it was called a “necessary restructure”.
I have since found out that somebody else has been brought into my position but the job title has been changed.
All reporting lines and work responsibilities seem to remain the same based on what I have heard from former colleagues.
Would this fall under an arbitrary dismissal?


Dec 16, 2019
569
Making an employee redundant and offering his position to a colleague
1
Q: My position was made redundant on 1 April 2020. The company stated restructuring as a reason for that. I was given a termination letter along with 4 other colleagues being made redundant from their positions.
Meanwhile, one of the 4 colleagues whose position was made redundant has been offered and accepted my position (nearly the same job title) with a higher salary than mine. I served 30 days' notice. The last working day was 1 May.
Considering the above, do I have legal grounds to file a claim for an arbitrary dismissal?
Regards,

Jun 17, 2020
462
Can my company make my position redundant and hire somebody else after I was terminated?




1
Q: My company terminated my employment because it was making the position I held redundant.
I was advised that in no way was this performance-related but purely a restructuring exercise.
However, within 1 month of leaving the company, they have externally recruited another person to fill my exact position, with the same job title, that they made redundant.
Whilst I believe that this is unethical behavior, could anyone tell me if this is legal within the UAE or should I lodge a complaint for unfair dismissal?





Nov 8, 2023
232
Legal blog
3 available 3 • View allTermination Without a Valid Reason - What Can You Do? 12
An interview-format article covering the topic of employment termination without a valid reason in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. Ludmila discusses the aspects of termination, like notice periods, end of service benefits, arbitrary dismissal, unpaid salaries etc.
Jan 15, 2020
5469
كيفية احتساب مكافأة نهاية الخدمة في الإمارات العربية المتحدة 37
سوف نستهدف هنا الوصول إلى كيفية احتساب مكافأة نهاية الخدمة بما يتماشى مع ما نص عليه قانون العمل في دولة الإمارات العربية المتحدة وما دأب عليه القضاء فيها، إضافة إلى طرح تعاريف الألفاظ التي أوردها القانون، للوصول إلى نتيجتين: الأولى؛ ما هو الأساس الذي تحتسب عليه مكافأة نهاية الخدمة، والثانية؛ كيفية احتساب حدها الأقصى.
Jan 30, 2020
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An 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
90256
Laws & Regulations
2 available 2 • 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
103593
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
26362

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I need to hire a property lawyer.
I have purchased a property that is still under construction. The handover was supposed to be May 2018 and it has been delayed for over 18 months.
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Termination of services due to cost-cutting 0
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What are the complete benefits that they have to pay to me beside the gratuity?
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Nov 9, 2019
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Termination for non-performance and claim for arbitrary dismissal 0
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
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استحقاق المحامي نسبة من الفائدة القانونية رغم إبرام عقد سنوي بمبلغ مقطوع 0
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How do I resolve a year-long pending police complaint to lift the travel ban? 0
Hello,
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A year ago, my previous employer filed a complaint at the police station accusing me of abuse. He did this because I had taken him to the labor court for not paying my salary.
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