Questions & Answers
Questions & Answers
8 available 8 • View allLegal consequences of resignation in a limited labour contract
108
Q: Good day,
My situation is that I submitted my resignation last October 5 effectivity same day, in hard copy.
I also emailed it to my manager and sent it on WhatsApp to my boss and manager. They saw my resignation in WhatsApp but my manager doesn't accept my hard copy because he said that he doesn’t want to have problems.
So, I messaged my boss through WhatsApp and he doesn't seem to care about it. They told me that I have to pay the visa cost before they give me my passport.
I talked to the Labor Department and they said I should only pay my employer 45 days of my salary, and I am willing to pay the 45-day salary for resignation but my boss is asking to for the visa cost also. He said he knows his rights and I must pay more than just the 45 days salary.
Please help me, I don't know what to do. I need to get back urgently to the Philippines.

Oct 7, 2017
30256
Unfair deduction from the gratuity upon resignation
5
Q: Three years ago, my employer provided me with a laptop to use for the work purpose. Some time ago, the company laptop broke down and I used at work my own laptop.
Now, I am resigning from the company and my manager deducted the cost of the company laptop (the price they paid 3 years ago) in full from my end of service gratuity.
He explained to me, that because the laptop is not repairable, I have to refund to the company its full price.
I believe that it is not fair, as there is wear and tear of the device and its price after for years of use should be considerably lower.
Am I right? And what can I do in this situation?

Feb 22, 2016
2971
Claiming entitlements from employer after receiving final settlement

1
Q: Hi,
We have a previous employee who was terminated last February, and he received his final settlement and his visa expired in April.
Then our previous manager renewed his visa in May for some personal agreement. He didn't report to work from May to July, and by the end of July, he filed a case while the previous manager was outside the country.
He is asking for 3 months' salary & 3 months' arbitrary compensation.
What can our company do?


Oct 18, 2018
914
Salary disbursement during the notice period
3
Q: If I'm serving the 30 days notice and on the 23rd day the payroll cycle came and all employees received their salaries.
Is the employer authorized to suspend the salary till the last working day and include all the amounts in the final settlement?

Apr 1, 2019
625
Liability of the company to pay End of Service
1
Q: Who is in charge of my End of Service gratuity if the company which is an L.L.C. is not able to pay it because of financial issues?

Apr 4, 2019
318
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
3225
The proper procedure to settle an employee's EOSB issues
1
Q: Facing EOSB issues with one of our employees, we have the below issues:
1. The employee has not been paid since Jan 2020. The total dues are 52k AED.
2. The manager handling these affairs has left the UAE. Our owner and a few other employees are at the DAFZA office.
3. The manager was asked by the owner to terminate the said employee in 2019, but he did not do. Now, the employee is claiming his EOS.
4. The employee had approached DAFZA in the past week and there has been no resolution to date and the employee is threatening to approach the labor court.
5. Also, the business is NIL due to corona aftereffects and no revenue to pay off the dues.
6. Do we stand a chance in contesting the case based on no revenue? The manager has run away and did not terminate the employee even after being asked to do?
7. What will be the consequences for not paying the employee if the labor court orders came in the employee's favor?
8. Is it advisable to settle the dues by paying advance initially & later amounts within a period of say 1 year?

Nov 24, 2020
465
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
374
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
9042
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
11233
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
90229
Laws & Regulations
4 available 4 • 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
103589
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 Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions 14
The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.
Jan 15, 1992
19086
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
26352

Other answers by
7 7 answers •
View allHow to transfer funds from a bank account in Dubai to Canada? 0
I am a Canadian living in Toronto and require advice concerning an account that I have in Dubai.
Mar 17, 2022
277
What is the cost of consulting on business licensing in the UAE? 0
Hello
We are interested in the cost of consulting on business licensing in the UAE.
Mar 15, 2022
269
The rights of a Jafza employee in case of termination during the probation period 0
A Jafza employee is on probation and has not completed his notice period. He is asked to leave without completion of the probation period.
The offer letter specifies that either party may leave on a single-day notice. To support the employee as per Jafza rules, will the employee qualify for any notice period pay + claim on leave credit?
The employee will not have any job in hand, in this case, how does the Jafza law protect the employee?
Oct 24, 2021
2006
Checking the authenticity of a job offer 0
I received an employment contract from an oil company in the UAE and they said to contact a travel agency.
Please, how to check whether it's fraud or not sir?
May 26, 2019
1032
Travel ban and arrest warrant check before returning to the UAE 0
Good afternoon,
I need a legal advice:
I have an unsettled bank debt in the UAE. I have lost my job in 2017 and I was not able to pay my instalments.
After discussing with the bank, the bank agreed not to initiate any legal action against my liabilities, in order to return to the UAE to search for a job.
I got a police clearance certifying that I’m of good conduct.
My question is :
Does this clearance guarantee that there is no arrest warrant /travel ban against me?
Note: it is mentioned on the clearance: "the department is not responsible for legal rights of others".
What does it mean?
Appreciate your response!
Thank you!
Jun 28, 2018
2487
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer