Questions & Answers
Questions & Answers
9 available 9 • View allCancellation of a visa while having pending labour case
Q: Can I request my employer to cancel my visa even if I have a pending case? They filed a case against me (breach of contract).
Apr 19, 2017
30594
Legal actions on a salary delay
Q: My employer is constantly delaying the payment of salary. I don't want to spoil the relationship with him, but I want to know if his actions are legal and if he could pay the parts of salary throughout the whole month.
Salary in our company is paid by cash only. As I don't have a copy of the employment contract, I can't say whether anything is written concerning the terms of salary payment or not.
How can I avoid this and what are my rights?
Jul 12, 2016
63331
My employer doesn't pay me the salary. What are my rights?
Q: It's my first job experience in Dubai, I am hired by a hotel as chef de partie. I signed my contract on 19 July 2017 with no mention of my joining date on it, but on 1st of August I was called to join immediately.
Now it's been more than one and a half month but there is no sign of salary. The restaurant in the hotel is not officially opened yet. Whenever I ask for the salary, the management says that the restaurant is not started yet and ask me to either resign and pay all the expenses.
Is there any right for me to do something? Moreover, the hotel is paying the employees salary via cash.
Oct 1, 2017
7151
Unpaid salary and the right action required to redeem it
Q: I started working in August 2017 with a company in Dubai. By the end of August, I received my first salary on time.
Now, it is already the end of October and my employer still didn't pay my September salary. As per accounting, it is also not clear when we will receive October salary, maybe mid of November for September salary only.
My contract is unlimited and I would like to know when I can report salary delay to the MoL. By 11.11.2017, will my contract be breached because of 2 unpaid salaries in a row, and can I resign and change to a new company without getting a labour ban?
When can I stop working for my current company without notice due to unpaid salary and breach of contract?
Nov 2, 2017
2566
Filing a labour case for salary delay and related entitlements
Q: Good afternoon, Ma'am
I am working for an LLC company in Dubai in a managerial position and on an unlimited contract for the past 5 years.
Our salaries were regularly delayed but paid. However, for the past 5 months (Dec 2017 onwards), the salary has not been paid as the company is in a financial mess due to mismanagement.
25% of my salary was deducted from 2014-16 for a period of 36 months citing revenue generation/ profitability...etc.
So there are 2 issues. Could you please guide me how I can claim this?
Also, can I get a new employment visa (Not the temporary work visa since the salary was delayed more than 3 months) while the labour case is ongoing?
What would be the labour case period involved and what are the steps in the same? Do I have to hire lawyers for it?
Can I claim compensation due to salary delays from civil/ labour courts as I am paying interest on credit cards and loans which I used due to these delays?
May 27, 2018
2210
Claiming unpaid salaries and entitlements and cancelling visa
Q: Sir,
I am working with a construction company in Dubai. I have served my 1.6 years under unlimited contract. I have got a Job Offer from another employer.
I also want to leave my current employer as they didn’t pay us more than 04 months salary and didn’t allow me to go on annual leave. I resigned, and after serving of my 30 days’ notice period, the manager is not cancelling my visa.
First I belong to a poor family; it will take too much time to get another job whenever they will cancel my visa. Another employer gave me 45 days’ time to join, otherwise, the candidature will be cancelled.
Second, my marriage will take place after 5 months and I will be jobless that time, marriage can be cancelled, now my mind has stuck.
If I will go through legal, it is not sure that the Ministry will arrange my visa cancellation within 1-2 weeks. It can be 1-2 months via legal as I know our PRO, he uses some strategy and can extend the case up-to 2 months.
Now it is the suicide condition for me.
Please suggest.
Oct 26, 2018
774
Resigning without notice for the non-payment of salaries
Q: Sir,
I am currently working for a construction company in Dubai. We haven't received our salaries for 5 months already. I got an offer from another company and they need me to start urgently.
As my contract is unlimited, I am required to finish the 1-month notice as per the law. However, I also quoted that as per law, if a certain company has not paid their employees at least 3 months, the employee is entitled to leave without completing the notice period.
I filed a complaint at the MOHRE with a reason of leaving the company in 2 weeks' notice due to the failure of releasing salaries. I also need to get my settlement as soon as possible as well.
Now, they are threatening me that this case will go against me and my future career employment.
Any advice on what to do?
Feb 3, 2019
7050
Forcing the employer to cancel the visa and take another job
Q: Hello.
Kindly advise on the following matter.
I am employed in the free zone in Dubai. My name is in the trade license and I am registered in the company as a manager. In March, I resigned from the company.
The employer doesn't want to cancel my visa and to revoke me from the license.
Authorities of the free zone told me they cannot do anything because my name is in the license and employer has to first appoint another manager and then cancel my license.
In case they don't want to do it, I can only go to the court (they don't know which type exactly...).
How can I enforce my visa cancellation? Only by court order? Which kind of court? I have found another job but I'm stuck on the old company visa.
Please advise.
Thank you
Aug 20, 2019
549
Claiming labour dues and visa transfer after resignation
Q: I have a case of unpaid salary for 8 months and non-renewal Of residence visa case. I resigned on June 9th 2019 & requested for the settlement and reported the issue to MOHRE.
However since June 9th 2019 onward my employee has not completed any of his obligations. Please note that my total due remuneration due is AED 96000 and leave salary AED 9600 as well as settlement amount of AED 6720 which is amounting to AED 112320 as per calculation.
I have all communication of my reminder email and communication over the social media Whatsapp messenger, as well as the reference of the MOHRE complaint no. to share with you in case required.
I would request you to help me in my matter to seek my settlement as well as regularize my residency so that I can work in a company where I have got the offer.
My visa is issued from a company in Sharjah, a non-free zone company. What should I do if it’s not resolved amicably in Tawafuq Center?
Aug 18, 2019
464
Legal blog
3 available 3 • View allI Have Not Been Paid By My Employer For 3 Months, What Should I Do?
An interview-format article covering the topic of employment in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. In this article, Ludmila informs readers what they should do and where they should go if they have not been paid by their employer.
Feb 5, 2020
9594
How to File an Employment Court Case in the UAE
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
11314
An Overview of the New UAE Labor Law and Recent Amendments of 2024
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
92562
Laws & Regulations
3 available 3 • View allFederal Law No. (8) of 1980 Concerning the Regulation of Labor Relations
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
103759
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations
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
12466
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations
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
26960
Other answers by
How can I vacate my tenant if the rental agreement ends before the eviction notice deadline?
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
Thank you.
May 1, 2024
302
How can I reach a settlement with the bank for a mortgage of a jointly owned property?
I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage.
As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine.
In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this.
I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property.
I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?
Oct 4, 2022
330
The procedures for filing for divorce on mutual consent
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
717
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation?
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1315
Can a real estate agency hold a percentage of a property sale until transfer is done?
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1297
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