Questions & Answers
Questions & Answers
9 available 9 • View allMisconduct at the workplace and police complaint
1
Q: One of the employees was called by our GM to the office for a business review as he is under the performance improvement plan.
He misbehaved during the meeting and was very disrespectful. It reached a level where our GM advised him to leave the laptop and access card followed by HR action.
He further misbehaved and abruptly left the company. He went to the police station and registered a false allegation for abuse and assault.
Thoughts, please.

Oct 4, 2018
978
Threatening with an embezzlement case for claiming labour dues
3
Q: I was working in a company for the past 2 years. I was given the duty of processing visas for the staff and labours and also for licensing the company. So they used to issue payments to me.
Due to doing the work through agents, very few receipts were submitted. But I kept a record of all the payments made and reported the same to the company on a day-to-day basis.
Now, they have terminated my services and when I submitted my settlement dues, they said they need to do auditing for doubts of embezzlement, only after that they will pay my dues.
Also, I heard from my colleague that they want to put a case against me so as to not pay me any money. The termination letter was served to me and mentioned no need for a notice period of 30 days.
To win the case they will go to any extent and they are rich too. I have no records to prove my innocence.
What should I do? I didn't lodge any complaint yet in the labour court.

Dec 23, 2018
1581
Termination for refusing to change position in company
0
Q: I was informed on the 20th that if I did not take another position in my company, a position that I am not qualified for and also not comfortable with, my employer would have no choice but to make my position redundant. This was sent to me over a WhatsApp message.
On the 23rd, my employer gave me an official letter of termination saying that the company is now making financial cutbacks and that my position is a part of the reduction.
I was appointed as an operations manager and there are actually 2 of us who work in the company, however, I am the only person who is being terminated.
There is no record of disciplinary action against me either for the entire duration of my employment.
I had asked that my employer to amend the termination letter stipulating that he is making my position redundant, to which they refused.
What is the best way forward?

Sep 23, 2018
1364
Cancelling the visa of an employee who filed a false complaint
1
Q: I needed some information in regards to visa cancellation. One of our employees filed a false complaint with DDA (Dubai Development Authority) to stall the visa cancellation.
He is not on our payroll since July 2019 and we are not able to cancel his visa because of his dependents. We have filed for absconding with MoL and is still pending as there is this an ongoing dispute.
Can we file a case against the employee for defamation?
He is trying to mislead the authorities and extort us.

May 12, 2020
742
Refusal to pay the salary because the NO Liability certificate is not provided
2
Q: Hi sir,
I am working in a government-owned company since 4 months starting from Dec 2019.
In March, I was supposed to get 3 months' salary together (kept on hold by the company as per their rules) for which I had submitted my old FAB account details when I was working in Dubai earlier in another company.
But the accounts department could not transfer the amount saying that they are not able to do so due to the merging issue of FAB & NBAD banks.
After several communications with the bank, I finally decided to cancel the account and open a new account with another bank and then presented the new account details to the accounts department.
On this, I was asked to get a closure certificate from FAB which I procured from banks. Meanwhile, the FAB account was canceled and I informed the accounts department with relevant proof. But the company is insisting to get NO Liability certificate from the bank for the closed account.
I approached the bank and they completely refused to give no liability certificate for a closed account.
Please help!
Thanks!

Apr 4, 2020
1004
The employer is not paying the salary on time. What can the employee do?
2
Q: Hello Madam,
My company is not paying salary on time. I have a pending of one and a half months. Whenever I ask for the salary, they do not respond to my emails and messages. Every two months only they pay me.
Through the MOHRE App, the WPS section is empty. I'm not able to monitor my salaries. And I have a fear of getting all the money at the end of my service because my colleagues suffered a lot for getting payment from the company. They didn't get paid fully.
How to handle this matter?
Furthermore, my employer is holding my passport too. They informed me that they will provide it in case of vacation or resignation. What to do on this matter too?

Sep 1, 2022
444
An ex employee is suing me in labor court after renewing his visa to help him


0
Q: I have an LLC company. An ex-employee - with me for 12 years - is suing me in labor court. I told all my employees to leave in March 2020 when all events were canceled due to Covid as there was no money to sustain the business.
He said he doesn't want to go back to Iraq with his wife and kids, so we agreed that he would do freelance work if any came in.
In April 2021, he finally agreed to return to Iraq but kept stalling and then begged me in June to renew his visa - he said then they would feel safe if any trouble happened in Iraq to be able to return.
I renewed his visa as a kind gesture to help him and he never returned to Iraq. Instead, he went to the labor dept at the end of December 2021 and claimed unpaid salaries for a year.
The paperwork is not in my favor as it was not until the end of 2021 that I realized he was playing a game with me. Can I apply for liquidation as the owner of the LLC Economic Dept. license?
I do not have the huge funds to pay what he is claiming.



Sep 18, 2022
227
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
86
An employee files a case for unpaid salaries, but he was already paid. What to do?


2
Q: Dear Sir/Madam,
My employee filed a labor complaint against my company to cancel his/her visa and pay the previous two months' salary, which we had already paid but do not have signed proof of.
The employee did not give a formal resignation and complained without notice. The contract is limited, and the employee completed the probationary period. It has only been 6-7 months since the employment visa was issued.
As a new business, it is a challenge for us to spend more money, and this employee was a waste of our time, effort, and money.
How can we move forward with this legally?



May 4, 2023
143
Legal blog
3 available 3 • View allProvisions of Limited and Unlimited Labour Contracts in the UAE Labour Law 147
When an employee or employer mentions legal issues related to their labour relationship, the first question to be raised is: do you have a limited or unlimited labour contract? We try here to shed light on the relevant provisions of the limited and unlimited contracts in the UAE labour law pertaining to resignation, termination of employment, notice period and calculation of the end of service benefits.
Jan 5, 2019
83007
I Have Not Been Paid By My Employer For 3 Months, What Should I Do? 14
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
9531
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
90254
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
103592
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
12394
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

Other answers by
4 4 answers •
View allConsequences of multiple criminal cases for bounced cheques 0
I have two criminal cases for cheque bounce in Al Ain Court for the same party; the first case amount is 1,006,000 AED (13 cheques) and the second case amount is 400,000 AED (one cheque).
What will be the possible action against me? Prison or fine?
What will be the maximum?
Thanks!
Mar 18, 2020
638
The possibility of facing a jail term in case of big loan default 0
Hi,
Could you please let me know what is the rule for cheque return that we give for our loan guarantee?
We took a loan one year ago for AED 770,000 and now we can not pay the instalments.
Our cheque is AED 1,200,000 and the bank deposited the cheque. They said they will open a case in Sharjah, and we don't know the cheque return rules in Sharjah.
My husband is out of the country now and he wants to come back, but we're afraid if they open the case in Sharjah as we heard that they keep the person in jail until returning the full amount.
Our loan was 4 years and the instalment was AED 25000. We paid 8 instalments. Now, the cheque returned and we don't know whether they've opened a case or no and if they opened what we should do.
Please advise me if it's better for my husband not to come back to the UAE or to Sharjah.
Also, will they fine him around AED 20000 without jail or they will keep him in jail.
Thanks and regards
Sep 10, 2019
2515
Filing a case against the husband for denying maintenance 0
I was told in Sharia Court that I can file a case if my husband does not provide financial support for my kids' food, groceries, clothes and allowance for me.
His reason is that I have my own work then I have to share the expenses. He does not live with us and has another wife in Dubai.
What is the process and are there any legal complications against me if I choose to file a case against him?
I do not want this issue to become messy and involve my children.
Apr 28, 2019
1759
Checking details of bounced cheque cases in the UAE 0
Greetings Esteemed Lawyers:
I am aware I have bounced cheque cases registered against me. I need a detailed report on how many cases, by which bank and the amount for each case.
Kindly quote the applicable fee.
Thank you
Apr 16, 2019
1239

Premium
Other answers by
240 240 answers •
View allHow to change the lease contract for an entity that changed from sole establishment to LLC? 0
Good morning.
Kindly help me out with the below query:
If a sole establishment is converted into an LLC, what would happen to the existing Lease Agreement with the Sole Establishment as the tenant?
Thank you.
Aug 23, 2024
115
Bank filed a civil case over a loan: Better to settle with the bank or in court? 0
Good day, Sir,
I have received a message from the Dubai Court stating that a bank has filed a civil case against me. The loan has been pending since February 2019.
I cleared the cheque bounce case earlier with a court fine in 2019. I am looking forward to a minimum settlement plan with the bank. The outstanding amount was around 70,000 AED, and now the message is for 115,000 AED.
What will be the best way for me to proceed: approaching the bank or dealing with it in court?
Best regards,
Jul 7, 2024
522
Is it legal for my employer to withhold my salary until I leave the country or change status? 0
Hello,
I have given my notice, and my last day is July 24, but the employer is refusing to pay my salary; even the salary for June. Is this even legal?
He claims I'll get everything at once, which is after leaving the country or changing status.
Jul 2, 2024
530
Demanding that an employee pay for visa charges a year after resigning 0
Dear Lawyers,
I worked at a bakeshop here in Dubai. I resigned exactly one year ago. Now they want me to pay for visa charges, as stated in the offer letter.
If I cannot pay for the charges, my employer will claim financial loss due to the damages, estimated to be at least 7,000 AED.
What should I do about this? My monthly salary is only 2,800 AED.
Jul 1, 2024
115
Is an employee eligible for maternity leave in the first three months of pregnancy? 0
Dear Lawyers,
Is an employee eligible for maternity leave in the first three months of pregnancy?
If an employee takes sick leave in the first three months of pregnancy, can it be considered normal sick leave or maternity leave?
Jul 1, 2024
171

Other answers by
81 81 answers •
View allCan a company change the holidays of the UAE for expat employees to their country's holidays? 0
Hello team,
I have a Chinese team in a Dubai-based company, they are working in Dubai itself.
Can we exempt them from Dubai national holidays and provide holidays related to China national holidays?
Can you please suggest something?
Jan 4, 2023
305
What should you do when you get a police call without knowing the reason? 0
I got a call from police yesterday said I should come today to give a statement they didn’t tell me what it’s about.
I’m freaking out, all I know is I owe Etisalat. Apart from that, I don’t have any issues here. Can you help?
Feb 13, 2021
2536
Partner's liability while other partners are outside the country 0
My wife is a partner in a civil company in Dubai. The company has 4 partners; 3 of them are out of the country.
The company bought things for AED 50k which was not paid back and now they filed a case.
What will be the liability for my wife? she is not the manager of the company.
What will be my wife's liability for that company?
Feb 4, 2021
503
Trade license and banking legality for any kind of trading activity 0
Hi Sudhanshu,
Hope you are well.
What are my rights for establishing an e-com business meant for trading outside the UAE.
1) Do I still need the UAE trade license?
2) Can I receive payments in the UAE banks through international online business since I live in the UAE and would be here for some more time?
Best regards,
A.
May 19, 2020
495
Filing criminal and civil cases against a company for cheque bounce 0
Hello,
I hope you're all doing well during this tough time.
I have a question in regards to bounced cheques, specifically corporate cheques.
I have a cheque for AED 800,000, and it has bounced. The owner of the corporate has asked for a month to pay back. However, I am worried he will leave the country and not honour his obligation.
My questions are fairly simple:
1) Am I to put a case on the individual who signed it or the corporate?
1) If I put a criminal and civil case on the corporate right now and he's unable to settle amicably, can I put a travel ban on the owner (who signed) as it is a corporate case?
2) Does the new insolvency law as of late 2019 also apply to corporates?
3) Is the owner personally liable if the company doesn't have assets or cash?
May 14, 2020
1680
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