Questions & Answers
Questions & Answers
9 available 9 • View allEmployer's right to deduct debts of employees from their end of service gratuity
3
Q: I was working in a company in the UAE for five years. In the UAE they do not have a retirement plan for expats, only End of Service Allowance (EOSA). My employment contract is an open contract. No contract duration.
I had taken a loan from the company. I borrowed the funds to support my children education. I had been approved for the loan given I have a salary.
The company decided to terminate the employment of about 400 employees. I did not request to be terminated. No package was given at all for compensation except EOSA plus ticket and freight cost.
I recently received the company Draft Final Settlement document whereas the EOSA amount that I was hoping to use to survive and provide food and shelter for my family was taken away completely and applied towards paying the loan.
They fired me, I did not ask to be fired. They have broken their side of the contract.
What legal recourse do I have for not accepting the company literally taking away my EOSA and leaving me bone dry?

Sep 22, 2017
5905
Labour complaint against an employee for settlement of dues upon resignation
13
Q: Hi,
We have an employee who has resigned and completed the notice period. We want to settle his dues however he disagrees on certain deductibles such as excess Etisalat bills made due to personal calls (international hometown), damages undergone to the vehicle and petty cash collection without authorized approvals.
We have approached him and asked for clarification but he disagrees on any deductibles. Despite having evidence on clear information and asset tracking he denies on all deductibles. He has raised a labour complaint on us for settlement of dues.
Need advice. He hasn’t now approached Labour Department and despite that we have discussed but he doesn’t seem to mutually settle. Since there isn’t anything in writing with Labour we have approached ministry to complain against him also. This is advice given by Labour Department.

Nov 7, 2017
8326
Termination of employment under the UAE labour law
59
Q: Hi Sir,
Please, can you help me understand the following below?
I have been terminated from my company in Dubai. They had made me sign one letter on their Official Letterhead that they have terminated me and will be giving a grace period of one month. This was almost 1.5 months ago. After this now they have made me sign the Cancellation Letter for closing the Contract.
They are telling me they will be paying my basic salary and not be paying HR, is that ok by Law?
Also, they will be deducting the cost of the car and mobile SIM since the letter which they provided to me.
Please, can you help me understand the Law of termination in Dubai, so that if in any part they wrong I could take legal action if required?

Jul 8, 2017
51899
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
Deducting housing allowance from end of service gratuity upon resignation


2
Q: I have resigned from my current job and my last day is May 9th after a notice period of 2 months. I was employed for 4 years.
My employer has paid me a full year housing allowance and would like to deduct the remaining months from my end of service. Is this allowed? I have not been made aware that the amount would be deducted in case I resign.
Also, I am entitled to 30 days of leave per year. Since I have resigned, they have applied a pro-rata for this year for the end of service calculation. Is this allowed?
Shouldn't I be compensated for the 30 days that I have not taken?
Thank you!



Apr 9, 2020
3222
Asking an employee to pay all allowances back in case of resignation
1
Q: Hi all,
I Have a problem. I talked with HR today as I want to resign. He told me that I need to pay all allowances back to the company (home allowance etc.)!
When I checked my contract, I saw that it is mentioned that I should pay if I leave the company, but this is just the contract I signed online from a website.
I've also signed another contract with my wet sign (which is Arabic written also and sent to the government, I think) before signing another one, In that contract, nothing is mentioned like that. So is this legal?
Can they take allowances back?
Doesn't the official labor contract prevails over anything else I signed?

Nov 7, 2019
521
Reducing the gratuity of an employee upon resignation due to late attendance
2
Q: Greetings,
We hope you are well!
As we are processing the end of service gratuity for an employee (who resigned earlier), the daily attendance report during his employment (which all is available in official records) is showing that despite continuous official written notices (which are signed by him), he failed to follow the morning official starting working hours with continuous late attendance causing financial damage as work was delayed due to that.
We would like to know the rule which should be applied in order to deduct the late attendance hours during his employment out of his end of service gratuity (as per the biometric attendance report) due to the financial damage caused to the company.
Below are his employment details:
- Contract type: unlimited
- Start date: 13 July 2014
- Last day of service: 10 May 2021
- Notice period completed: 60 days approximately
- Reason for leaving the job: resignation from his position
- Basic salary: 4000 AED

May 25, 2021
372
Can the employer refuse to pay my dues after termination if I lost charger of work laptop?

0
Q: Hi there
So yesterday I went through a mutual termination dismissal. I handed in the work laptop but I lost the charger.
I asked the HR lady that from my final pay, they may deduct the amount of the charger and the laptop back which all amounts to R700.
She emailed me that they are declining that arrangement.
Does that mean they won't pay me my final pay?
Or what does declining that imply?


Apr 12, 2023
82
Can the employer hold my dues and sue me for deleting work Whatsapp from my phone?

0
Q: Hello,
A friend of mine is currently facing a situation with her employer for which I would really appreciate some advice. My friend basically gave her resignation papers.
While serving her notice period, the company took away her company SIM card, Email access, files access, etc. after which my friend deleted WhatsApp from her phone.
It contained company information and clients so she didn't want to have that WhatsApp on her personal phone since she's no longer supposed to have access to anything at this point.
After deleting WhatsApp, the company is now making all sorts of allegations and they're holding her pay and passport.
They even raised a MOHRE complaint against her for 5 different claims one of which is damaging property and some stuff like that.
Now, they are basically telling her to give them back all that WhatsApp information then she can go, otherwise, they will sue her in court.
My question is, is she obligated to give back those conversations from WhatsApp or not?


Jun 26, 2023
167
Legal blog
3 available 3 • View allIs a Barter Gratuity Possible in the UAE? 8
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?
Oct 5, 2017
9035
How to File an Employment Court Case in the UAE 35
An interview-format article covering the topic of filing an employment court case in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
May 10, 2021
11231
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
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

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View allHow to renew visas for your family if you have a ban 0
Yesterday I went to renew my kids' visas and only to find out that I have a ban.
Can you help me in this matter?
Aug 8, 2017
623
Contractual rights of a former employee 0
I resigned from my position in October 2016. The company is threatening legal action for soliciting employees and starting my own business to compete with them. All false allegations.
I have responded to their lawyers already but I wanted to know if I have a case against them as not all my contractual rights were honoured.
Jul 30, 2017
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How to check travel ban by passport number 0
Hi,
How can we know if passport number [--------] has a ban?
Thanks!
Jun 2, 2017
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Penalty for the extension of a tenancy contract 0
Dear Sir/ Mam,
I am staying in Sharjah. We stayed in the same flat for the last 2 years. Our contract is ended on May 5th. But as we are migrating to another country we requested our landlord to stay here till June end 2 months back. He agreed to the same at that time.
Now he is asking to give 3 months more rent from June as a penalty to settle the things. Our contract already finished now.
Please advice what to do as we are not in a good financial position to give 3-month rent without staying.
May 24, 2017
3340
Negotiating credit card outstandings with the bank 0
Hi, I lost my job a year ago and I have an outstanding credit card of AED 300k. I've missed the last 9 monthly payments (I am negotiating directly with the bank). I am willing to settle the credit card with one lump sum payment that a friend will lend me.
How much discount on the balance of AED 300k can I negotiate to settle the matter? Should I also ask for a clearance/ no liability letter?
May 24, 2017
10060
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