Questions & Answers
Questions & Answers
11 available 11 • View allRights 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
11901
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
6998
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
5869
Is it possible to resign with immediate effect in case of forced salary reduction?

2
Q: Good day,
I just want to ask what can I do to legally resign immediately from my company. Because of Covid, our company is deducting 25% on our salary and hours of work.
But they didn't notify me of that deduction. I was just shocked that my salary is deducted. I have 1 year of service with them but until now they didn't give a full salary since my 1st day of work.
Now It is hard for me to budget my salary for 1 month. I only have AED 2000 salary per month and it has a 25% deduction so the total is only AED 1500.
My position in the company is IT Specialist, but my profession in my residence visa is a laborer.
My question is, how can I resign to them immediately without getting a labor ban or giving a notice period?
Or can I get my deducted salary for 1 year and pay it for my immediate resignation in the company?


Jun 9, 2021
540
Salary delay as a reason for filing a labor case and joining a new employer
1
Q: Hi,
I am employed in Abu Dhabi. My employer owes me 2.5 months of salary as he didn't pay me on time. I have a job offer from another employer wherein I have to join immediately.
They will apply for my new visa. If I request to cancel my current visa and get a new visa from the new employer, can I still sue my previous employer after 1 or 2 months?
Could you please tell me my options in this?
I have to obtain a new visa from the employer and some international travel requirements are there in my employment.

Jul 27, 2021
421
The right to resign without notice and cancel visa for holding or reducing salaries
1
Q: My office is in Tecom Free Zone. I resigned one month back and now completed the notice period but they didn’t cancel my visa.
My new employer is asking for cancellation papers to get me onboard. The current company is not issuing them, I have faced the below salary reductions in my current organization:
1. Salary deduction of 75% for the month of February
2. Salary deduction of 75% for the month of March
3. Salary deduction of 50% for the month of April
4. Salary deduction of 50% for the month of June.
I am being asked to serve a 3 months’ notice period stating that this is my contractual obligation.
I have requested many a time, it is not possible for me to serve a 3 months’ notice period and I am willing to serve 1 month, not to harm the operations of the organization.
Please advise

Aug 22, 2021
726
Can you resign without a notice period for the non-payment of salary?
5
Q: Dear Sir,
I am working as a pharmacist in a single pharmacy in Ajman since July 2015. I am the only employee in this pharmacy. My contract is unlimited and my salary is 5500 (basic 2000).
My 18 months' salary is pending since 2019. I filed a labor complaint in November 2020 and my employer promised me to pay an additional salary from January 2021, so I withdrew my complaint.
After the labor complaint, my salary was a bit regular but there were some months when the salary was pending. I had the trust that he will clear my pending salary. My visa is till May 2022.
I request you to guide me in this situation since I do not want to continue the job. Also, can I resign without notice period?
Regards

Sep 19, 2021
2038
Notice period and gratuity of the employee who resigns due to salary non-payment
0
Q: Hello,
I am on an unlimited contract with a free zone company in Dubai. I haven't been paid my salary for many months. I decided to resign under article 121.
Question 1: when calculating my gratuity, is it considered as Resignation or Termination?
Question 2: if I have a 3-month notice, resigning under article 121 entitles me those additional 3 months?
Thank you!

Nov 4, 2021
453
Will I be eligible to my gratuity if I resigned while on a long unpaid leave?
6
Q: Greetings Sir,
I have been working in a company in Dubai for 6.5 years starting in 2015. I came for annual leave to my home country in Feb '22 for 1 month. Later my company asked me to extend my leave (unpaid) for 2 months.
Thereafter, due to poor financial conditions and ill health, I resigned from my job while staying outside the UAE and directly resigned over email without serving any notice period.
Since I was already sent for unpaid long leave, and I resigned due to the above circumstances, will I be eligible for the end-of-service gratuity?
Thanks in advance
A.

Jun 9, 2022
622
A case to claim my dues from employer for not paying my salaries for eight months

3
Q: My salaries are not paid for 8 & 1/2 months, and for the past 6 months, my company kept me on unpaid leave. I have resigned with one month's notice.
My total dues shall be over 300K. The company says they can pay a maximum of 8 salaries in 8 months. I am planning to file a labor complaint at the end of the notice period.
Please advise how I can get my dues and what is the court procedures, I don't have any amount to survive with my family here. We all are suffering badly from huge debts.


Jun 17, 2022
301
I have not received my salary for last 3 months. Now I got a job offer


3
Q: I have not received my salary for the last 3 months. Now I got a job offer from another company.
Then, I mailed the resignation letter with a 1 month's notice period. But as per my employment contract, the notice period is 3 months.
3 months' salary is already pending now. Do I have to give another 3 months' notice period?
Can I resign with one month's notice period?
Because the new employer has only allowed 1 month. What will I do?



Feb 2, 2023
652
Legal blog
3 available 3 • View allI 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
9535
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
11242
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
90383
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
103602
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
12402
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
26387

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Hello,
My employer fired me under Article 44 for not showing up for work for 7 days in a row. But that’s not the case at all. I was sick and the management was aware and they let me go.
I went to another country to get treatment because it’s expensive in Dubai. My employer did not pay me my salary for the month I worked and fired me.
I have official sick leave from another country and there is correspondence where my employer sent me to another country for treatment.
The problem is that the employer says that he will take compensation for the training that was specified in the contract, but I did not undergo training at all; I immediately started work from the first day of work and there was no training.
Does my employer have the right to charge me such a fee and not pay my salary?
Feb 29, 2024
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How to make the seller hand over the tenant's security deposit to the buyer upon completing a sale? 0
Should the seller in Dubai hand over their tenant's security deposit to the buyer upon completing a sale?
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At the time of the exchange, the broker said he would follow up with the seller and collect the deposit.
He hasn’t, and the seller has not handed over the deposit.
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How to deal with in-laws provoking and recording reactions? 0
Dear Sir/Madam,
My husband's family constantly provokes me and then records my every exaggerated reaction.
Now I'm worried that they might use those things against me.
Feb 8, 2024
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How to cancel the MoU to buy an apartment with the broker if the bank did not approve the loan? 0
Hi,
I have a situation where I signed an MoU and gave my security deposit to the seller's agent. However later, the bank valuation of the property is lower than the selling price.
On my MoU, it has a clause that “the buyer has a right to cancel/negotiate if the bank valuation is not the same as MoU.” I tried to negotiate, however, we didn't agree on the price so I asked to cancel.
Now the agent is threatening me that they will not cancel the MoU and that will deposit my cheque. Later I also came to know that the person I am dealing with is not the same person whose name is mentioned as a broker in the MoU.
The agent I am dealing with is constantly messaging me with threats. I decided not to speak to him and instead, I wrote an email to the broker whose name is mentioned on the MoU but received no response.
I am on a very tight timeline as I need to vacate my apartment in 3 weeks, I found another unit but I don't know if I can pursue this while the initial MoU still not canceled.
Please, I need advice.
Feb 8, 2024
613
Employer asking for visa reimbursement after resignation: do I need to pay? 0
Hello Sir/Madam,
I have already finished my first year with my company and resigned.
My employer is asking me to reimburse the cost of my visa because I did not finish my two-year contract.
Do I need to pay? The cost is 7,000 AED.
Oct 20, 2023
806
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