Questions & Answers
Questions & Answers
7 available 7 • View allWhat to do if the employer cannot pay your EOSB upon the visa cancellation
36
Q: I submitted my resignation and served my one-month notice. My company asked me to sign the cancellation papers, however, mentioned that they cannot pay End of Service Benefits now and that they will pay in future.
As I am going back to my country permanently, what is the best way to get my due payments? I heard raising a complaint and the due procedure take months to settle.

Nov 4, 2017
16478
Signing the visa cancellation papers without getting labour dues
163
Q: Does an employee have to sign any paper with the employer to initiate his visa cancellation after the resignation and before last working day?
My employer is asking me to sign a form named "United Arab Emirates Ministry of Human Resources and Emiratisation Electronic Work Permit Cancellation", where all my details are printed and written, "I certify that I have received all my dues up to date... Employee Signature".
My notice ends on Aug 29th and they are yet to pay end of service...etc., and this is an unlimited contract and my employer is asking me to sign this paper saying this should be signed to initiate visa cancellation.
But I am uncertain to sign as I haven't received my pay yet but the paper says so.
Please suggest

Aug 5, 2019
19844
Non-payment of end of service benefit by ex-employer
1
Q: Non-payment of end-of-service benefits.
My husband left his company last mid-May 2019 and is now currently working at a new company (both companies are from Dubai).
Up to this date, he still has not received his last pay & gratuity payment from the company he left in which he worked there for almost 5 years.
Upon leaving the company also, he did not sign any letter on receipt of the final settlement. We have been constantly following up on when the last payment & gratuity will be settled.
But the HR just keeps on saying to us that they are "waiting for funds, waiting for client payment...". This keeps going on for the past 4 months and not a single Dirham has been paid to my husband.
We are just waiting in vain, & there is this worry that he won't ever receive his end of service benefits because of these reasons.
Need some legal advice on how we can proceed and push his former employer to pay their dues.

Sep 11, 2019
1432
An employer refuses to issue the cancellation papers due to incomplete handover

6
Q: Dear Sir/Mam,
After serving my 30 days notice in which I had sent multiple emails to the management for the handover and cancellation, I received the first reply from the management on the last day of the notice stating that I need to extend and the visa will be cancelled only if a satisfactory handover is done.
I filed a labour complaint on 16th Feb and got a call from labour on 21st Feb stating that my visa cancellation and settlement will be done by 28th Feb as per the management and the labour complaint was closed.
ON the 24th when I called the company if I need to come to sign the cancellation documents, they informed me that they won't cancel my visa as my handover was not complete!
I have filed a complaint again.
Can handover be the basis of the non-cancellation as I had served my 30 days notice period and whose responsibility is in regards to handover, employee or employer?
Can the legal advisor force the company to cancel my visa or is it mandatory to be transferred to the labour court?


Mar 5, 2021
2228
Asking an employee to sign the cancellation papers before giving the gratuity
2
Q: Hello Madame,
Good Evening!
Just want to ask what will I do if my company is asking me to sign my cancellation papers without giving my end of service/gratuity?
Is it allowed in the labor law?
Thank you so much!

Oct 24, 2019
421
How to claim unpaid salaries and gratuity if the employer ran away?
6
Q: Good morning attorney,
Trust all is well.
My husband's employer ran away and didn't give him his 3 months salary + 13 years gratuity. The company is closed now and none of the employees got even a single dirham from their employer.
Some of them filed labor cases but till now, nothing happens. My husband is still hoping that he will get it. It's his retirement money. He is really frustrated.
He wants to cancel his visa now as he got a new job but he is afraid that if he does that he will not get his gratuity anymore because he needs to sign that he received everything from his company.
That's what he understood from the explanation of the company PRO. Please help.
Thank you so much and God bless you.

Sep 29, 2022
387
How long until I receive End of Service benefits after visa cancellation?




3
Q: Fear Sir/Madam,
How many days will it take to receive End of Service benefits after visa cancellation?
My visa was canceled on December 9th, and my last working day with the company was November 30th.





Dec 13, 2023
186
Legal blog
2 available 2 • View allHow 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
11239
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
90299
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
103598
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
12396
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
26372

Other answers by
421 421 answers •
View allPayment recovery for delay in the delivery of purchased property 0
Hi,
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.
Can you please advise what is the average fee to the lawyer and any upcoming fees?
I would like to either receive compensation for the delay or terminate the SPA and receive what I have paid.
Thanks
Nov 10, 2019
370
Termination of services due to cost-cutting 0
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
954
Court fee for filing civil case of cheque bounce 0
What is the total fee for instituting a civil case for a bounced cheque of AED 4 million?
Nov 8, 2019
4851
Mutual Termination vs Resignation 0
Is it possible to request a mutual termination of the contract from the employer?
My employer recently asked me to submit a resignation. Since it's not legal for him to do this and since I don't mind leaving the company for better opportunities, is it legal for me to request a mutual termination of contract letter?
What are the important things that should be stated in the letter?
Nov 9, 2019
1682
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
1077
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