Questions & Answers
Questions & Answers
6 available 6 • View allIs it recommended to file a case against previous employer after transferring visa?

2
Q: Good Evening
I had been terminated recently but my employer is refusing to pay my outstanding salaries & End Of Service Benefits.
I had raised a labour complaint that had been transferred to court. I have an appointment on 12th January 2021 with ENJAZ to file the case.
Now I have another job offer and I must cancel my visa to obtain a new work permit within a short span of time else I will lose this job opportunity. So I am thinking to drop the case at the moment and grab a new job first.
My question is that can I withdraw my complaint as the case is still not filed in court? If so, then what is the procedure?
Secondly, can I raise the complaint again against the previous employer after I settle in the new job?
Thank you


Jan 6, 2021
1275
New employment visa in case of a pending labour case
1
Q: Good day,
I had a labour case for which the judgement has already been issued from the court of the first instance in my favour in Nov 2018.
I have opened an execution file in mid of Feb 2019 & is currently under 15 days notification period. I have now got a new job offer & they want me to join at the earliest.
1) Can I cancel my labour card & residence visa since the judgement is already out so that the new employer can initiate the visa proceedings from the new company?
2) What documents would I need?
3) Will it affect my execution court case in any way since I have not received the EOSB till now & don't want to lose it?
4) During cancellation, do I have to sign that I have received all my EOSB if in case my company PRO cancels it & would it affect the case?
I have approached Tasheel/Amer & different people are giving different opinions & I am confused now. Can you please guide me?
Thanks,
K.K.

Mar 15, 2019
874
Extending the work permit until a labor case is over
2
Q: I have a labor complaint against my previous employer for not paying salaries and the case is referred to court.
1. I got a new job offer. If my new employer applies for a temporary work permit for 6 months and the case does not get over in that time, can he apply for an extension or a new temporary work permit for another six months or till the case is over?
2. My visa will be over in 2 months. What happens to my visa?
3. Can I renew it in spite of the case at least for 6 months based on work permits?

Oct 17, 2019
316
The cancelation of visa while a labor case is before the court
1
Q: Dear Sir/Madam,
I worked for a company in Abu Dhabi for 3 years and my contract is an unlimited contract. I put my official resignation 3 months before and the company is not giving cancellation.
So I made a labor complaint for the salary due (less than 13000) and cancellation of my visa. My case is now before the respected court and the first hearing is this month.
So if the hearing is postponed, could I get a cancellation? Or when can I get a cancellation?

Jun 9, 2022
249
How to resign immediately to join a new employer?
2
Q: Dear sir/madam,
I am working on a mission visa in the UAE. I got another offer from another employer. They require to join immediately. But my current employer does not give a release immediately.
They are saying that 1 month's notice period is required. Is a notice period required for a mission visa?
And if I miss that offer, can I file a case against the current employer?
Please advise!

Nov 17, 2022
278
New job demands immediate cancellation; current employer refuses. What now?




2
Q: Dear Sir/Madam,
I got a new job, and they want me to cancel my current employment visa within 2-3 days or risk losing the opportunity.
They promised to pay the fine for the 30-day notice, but my current employer won't accept it since there's no replacement for my position.
Is there a way to cancel my current visa or a good solution for this?





+1
Feb 28, 2024
99
Legal blog
1 available 1 • View allAn 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
90730
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
103638
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
12408
Ministerial Decree No. (766) of 2015 On Rules and Conditions for Granting a Permit to a Worker for Employment by a New Employer 3
By this Decree Ministry of Labour of the UAE has removed the six-month labour ban for those who changed the job before completing two years of service. Labour ban will be still applicable for workers that qualify for skill level 4 and 5 under various circumstances.
Sep 27, 2015
5610
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
26495

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8 8 answers •
View allApplication to release the passport from court to renew visa 0
Sir,
Someone took a SIM on my Emirates ID and took money (AED 9000) from another person and there's a case is on me as the ID was mine, but I did not do this.
My visa is expiring in January. Is there any procedure where the police can give me the passport to renew my visa?
I had not done this fraud, what should be on my name.
H.S.
Nov 26, 2019
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ملاحقة مقترض وافد غادر البلاد دون سداد القرض 0
صديقي لديه قرض شخصي بقيمة 9 آلاف درهم، وبسبب ظروف أسرية غادر البلاد.
Nov 21, 2019
13829
Assistance in changing visa sponsorship to owned property 0
We own a house in Dubai [full ownership and in possession of the notarized title needs].
I have just resigned from my job and want to now stay in Dubai but not work.
Can you help complete visa transfer from the company to my own visa for myself and wife?
Regards
D. R.
Oct 22, 2019
385
Termination for non-performance without prior warnings 0
Hi!
I would like to ask for advice.
The company has terminated me last June 30, 2019. My work is a visual merchandiser and we have 16 stores across the UAE which I need to visit all in one month.
But last April and May, I have not visited some of the shops due to other important and urgent work.
The company suddenly send me a termination letter due to non-performance which I am really shocked because I didn't understand that they put non-performance if I am doing other important and urgent projects.
There is no warning letter given to me. Since I'm getting pressure from the HR, I had signed the termination letter and it was effective June 30, 2019.
But after 3 or 4 days, the company asked me to come to work for 1 month notice period July 1-31. Then they ask me to work again in August, and then until September 15. Then they terminated me.
I need your advice if there's a chance that I could complain about this to the labour and the chances of getting the correct compensation.
Thanks
Oct 17, 2019
530
Claiming the labor dues from an employer applying for liquidation 0
Hello,
Can I please request an expert view on the below issue and possible further guidance?
I would like to know if employees have filed labor complaints due to outstanding salaries, then:
1. If the employer does not give immediate cash settlement or agrees to provide personal PDCs to cover outstanding salaries&gratuities in a complaint of the labor dept., then how long process may last if it is escalated to labor court? And are the employees to continue work or stop?
2. Can employees switch visas if the issue is in labor court?
3. Can the company which is an LLC still proceed to apply for liquidation?
4. If they can, then how can salaries&gratuities be protected for the employees?
5. Should employees engage a lawyer to represent them against the owners of the company who decide to go into liquidation?
Thanks!
Oct 12, 2019
380

Premium
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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
126
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
532
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
548
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
128
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
182
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