Questions & Answers
Questions & Answers
10 available 10 • View allLabour rights upon resignation for non-payment of salary
10
Q: Dear Ahmed,
My sister is working for a catering company based in a school and she didn't get her salary since May. She doesn't wish to continue with this company.
Her contract is limited and joined in September 2017, but the contract is dated 04/12/2017.
As per article 121, she has the right to resign without notice, however, another article says that she needs to pay the employer “early termination compensation”.
How can we proceed without losing the money?
Thank you.
Maya
0503183185

Sep 17, 2018
5005
Resigning without notice for the non-payment of salaries
6
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
Rights of the employee upon resignation for salary delay
31
Q: If salary is given delayed by the employers for 3 months and the employee filed for resignation, is the employer capable of giving a ban to the employee?
And is it legal to deduct 45 days from the settlement because the contract was not finished?

Mar 20, 2018
11954
Employee's right to resign without notice for salary non-payment
3
Q: Dear Madam,
I am working in Dubai. My company is not paying salaries (Almost 5 salaries). In this case, can I resign from the company without notice?
Also, I have another offer from one company and they are asking to cancel my visa from the current company as soon as possible.
How can I deal with the situation without losing the pending salaries & EOSB?
If I resigned without notice, does it affect my joining in the other company?
If I am going through labour court, how long it will take to finish the process for the visa cancellation & other formalities?

Dec 9, 2019
1925
Resignation without notice for holding salaries and changing job

1
Q: Good afternoon.
I am a specialist doctor working in private sector in Sharjah, UAE. My employer has not paid my salary for more than 6 months (It is much before the Corona outbreak).
According to my contract, my notice period for resignation is 3 months. I have 2 questions:
1. Can I resign with immediate effect without surrendering my salary? Or in other words, is there any relief in notice period?
2. Can I work part-time in another facility without taking a NOC from my current employer?
Thanks


May 10, 2020
739
Resignation before the end of employment contract for holding salaries
1
Q: I am on an unlimited contract with a school. My contract will end in November 2020, however, I would like to resign as early as this month (July 2020), with 30 days notice.
The reason for resigning is to look for another job to compensate for my financial obligations because we signed an agreement that we have no salary from June 2020 to November 2020 due to pandemic/crisis.
Is there any chance that my employer won't allow me to resign or ban me?

Jul 2, 2020
499
Immediate resignation without notice and its repercussions in the UAE


6
Q: Good day,
In my situation, I've completed 6 years of counting including my joining date. My visa will expire in August but now I want to resign immediately/same day.
Can you advise me what I am going to do?
Thanks a lot.



Jun 23, 2019
5920
Right of the employee to resign without notice in case of holding salaries
1
Q: Good morning.
My sister joined a company 2 weeks before her visit visa expired. Her company delayed processing her visa until she got overstay fines.
The company now suggested she pays for the fines before they issue her employment visa. She didn't have money and requested for the overstay fine to be deducted from her salary because she wants to work.
The company made her sign an agreement paper stating AED 6000 will be deducted from her salary as overstay fines. The company is deducting this cash monthly alongside a deduction because of COVID-19.
But for two months now, they didn't pay her salary. Every time she requested the salary, she is not given it. Now she stops working and wants to be paid before she starts working again.
She is still in her probation period and wants to request termination because the company is not terminating her. Would she have any ban if she requested termination during this probation period or if the company decided to terminate her?

Mar 10, 2021
275
What is the procedure for leaving work without notice in case of salary non-payment?
0
Q: I am a GCC national working for a private company in Dubai. I am employed under an unlimited GCC employment contract.
I have not been paid my salary for the month of September. I have already filed a complaint to MOHRE 2 days ago and they accepted the complaint. I also sent in my notice to resign yesterday.
Do I have any right to terminate my contract without notice due to the employers failing to meet their obligations towards the employee?

Oct 12, 2021
594
Can the employer ask the employee not to serve the notice period upon resignation?
0
Q: Hi Madam!
I have been working in a firm for the past 2 and a half years. In April 2021, I went to India for one month vacation.
Due to the Corona crisis, flights have been suspended until August.
In June 2021, my visa and labor card have also expired. As per the UAE government, in August I came back to Dubai and started working.
Last week, I resigned from my company. They informed me that I don't have to stay the notice period and they will cancel my visa in 2 to 3 days.
But to date, they haven't started the procedure.
Kindly advise If there will be any fines imposed against me.

Nov 4, 2021
554
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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.
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Laws & Regulations
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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.
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Hi,
I am a non-Muslim indian expatriate, residing in Dubai since 2015. The first 5 years, I was on a working visa, and after the delivery of my first baby, I left my job and became dependent on my husband.
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Can the employer force the housmaid to work for unlimited hours without rest? 0
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I'm a nanny, and at the same time, I work as a housemaid (khadama) here in the house. I work, but as I know, the nannies and housemaids have different rights, and my employer doesn't give me rest.
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My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
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My trade license and visa will expire next month, along with my Emirates ID.
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Can I return to Dubai after 12 years away on a new employment visa? 0
Hello,
I came from Dubai to India on emergency leave, but unfortunately, I did not return. It has now been 12 years. Can I go to Dubai on a new visa?
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Can the tenant avoid paying early exit penalty for rent after losing job? 0
We have an existing tenancy contract in Sharjah, but due to unfortunate circumstances of this pandemic, my wife and I lost our jobs.
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Oct 21, 2020
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Getting a new employment visa while a cheque bounce case is being processed 3
Hi All,
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However, I have reached a stalemate in negotiating with the bank as they are not interested in accepting the money I could offer in the interim despite having a clear understanding of my predicament.
Finally, I have an offer from a company after all these months and I'm anticipating to accept this offer but I'm yet to resolve the criminal case!
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Will it affect my capacity to get a new employment visa stamped and work in the UAE while the civil case is active?
Jan 6, 2020
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سؤالي:
هل يوجد سند لأمر داخل عقد القرض (الأبليكيشن) الخاص بالشركة التي وقعت معها في البداية؟
أم لا يملكون ضمانًا آخر يُمكِّنهم من مقاضاتي به سوى الشيك الذي أعطيته لهم فقط؟
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تقدمت بطلب تنفيذ ولم تدفع الشركة لي أي مبالغ حتى الآن!
ما الخطوة الواجب فعلها في هذه الحالة؟
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