Questions & Answers
Questions & Answers
9 available 9 • View allTermination of an employee while on annual leave


7
Q: Hello,
Can I terminate an employee while he's on leave so that his notice period begins already?
Thank you!
Best regards
E.



Aug 25, 2019
2359
Termination of employment under Article 120 of UAE Labour Law
16
Q: Does article 120 of Labor Law in case of termination by employer cover the following situation:
An employee went on an emergency leave due to his Mother's hospitalization and after 45 days she passed away. When he came back to Dubai, his employer refused to pay the final settlement and forced him for cancellation.

Sep 13, 2017
24271
Employee's availing of annual leave after exhausting the paid sick leave
3
Q: Hi,
I represent a company and would like to seek clarity for the following scenario:
If an employee has exhausted his paid sick leaves of 15 days and is still not able to join work back due to his persisting illness, can the employee opt to avail his annual leaves instead thereafter of avoiding the 50% pay cut due to the availing of 30 days sick leave provision available to an employee?
Kindly advise as it would be of great help, please!
Many Thanks,

May 17, 2021
679
Are you eligible for any dues if the company terminates you for long absence?
1
Q: Dear Sir,
Please advise me. If the company terminated me, am I eligible for the gratuity?
I went on emergency leave for 15 days on 17 December because my father was sick. After that, he expired on 07 January.
I came back on 4th April. I overstayed 75 days. Even I informed my line manager 2 times on 31 December and 19 January.
Now the company terminated me and took my signature on termination later and the company doesn't accept to give my gratuity.

Apr 17, 2022
252
هل توجد إجازة مرضية مدفوعة الأجر خلال شهر الإنذار؟
6
س: السلام عليكم ورحمة الله،
هل توجد إجازة مرضية مدفوعة الأجر خلال شهر الإنذار؟
علمت أن صاحب العمل هو مَن أنهى العمل.

Jul 9, 2022
2724
Can I take a sick leave without resigning in the UAE after an appendectomy?
1
Q: Dear Sir/Madam,
I am on the probation period after arriving in the UAE. I had an appendectomy and am unfit for my job.
Can I go back to my country without resigning if I get a 2-month sick leave and come back to join my job after 2 months?

Aug 5, 2023
121
I have sick leave for 5 days. Can I travel to my country and come back?



2
Q: I have sick leave for 5 days. Can I travel to my country and come back?




Nov 14, 2023
613
Employee overstayed leave, terminated without compensation. Is it fair?




2
Q: Dear Sir/Madam,
My colleague went home for a 30-day leave to Uganda but overstayed and was sent a termination letter by the company.
Although the person had worked for 1½ years, there is no gratuity or compensation money sent to the family.
Is this right?





Mar 18, 2024
170
Am I eligible to gratuity upon resignation if I took 76 unpaid leave days?

0
Q: My joining date in the UAE is 13.01.2023 and my current 1-month notice period end date is 27.06.2024.
In between these dates, I took unpaid leave for up to 76 days.
Now am I eligible to get a leave salary and gratuity amount?
Kindly clarify.


May 28, 2024
83
Legal blog
2 available 2 • 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
82998
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
90211
Laws & Regulations
2 available 2 • 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
103588
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
26348

Other answers by
71 71 answers •
View allThe consequences of staying in the UAE after the end of the grace period 0
I am in my grace period after my residence visa cancellation. Is overstaying after the grace period illegal?
If I stay paying fine till my new visa gets finalized, how will it affect me? Will I face any ban?
Please advise!
Thanks!
Dec 26, 2022
1483
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.
We already paid until December. Is there a current law where we can avoid paying the penalty of 2 months if we will end the contract earlier?
Oct 21, 2020
356
Travelling to GCC countries while have an unpaid loan in the UAE 0
Hello
Can I have your Whatsapp number? I have an urgent question, please.
Jan 13, 2020
725
Getting a new employment visa while a cheque bounce case is being processed 0
Hi All,
I have an existing criminal "cheque bounce" case under my name for dishonoring loan payments. I'm also a victim of unpaid salaries and gratuity from the previous employer.
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!
Since the bank is not willing to negotiate, I've planned to pay the criminal case removal fee or fine to the Dubai Police. I know that the bank would immediately proceed with a civil case should that happen.
My question is how long does it take to file a civil case? And can they initiate a travel ban without appeal while filing the civil case in court?
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
2003
Obtaining a part-time job while being employed on a full-time basis 0
I currently work in Dubai but I need an extra income from a part-time job.
Can I obtain the part-time job and still do my current job properly?
Is there an approval I need to get?
Jan 2, 2020
935

Other answers by
6 6 answers •
View allHow to terminate a property SPA for delay in handover and request refund 0
Hi All,
I bought a property in Dubai in May 2018. The timelines are mentioned below.
Dec 2017: the project was commenced.
May 2018: I bought my property (30% Paid and 70% Mortgage (upon completion))
March 2021: (66% project completed as per the RERA website).
As per my SPA, the project completion date was Dec 2019.
2020 being a force majeure year I am not sure if we are supposed to count that in the compensation period.
Other than that I wanted to know what kind of compensation should I expect and in what form (rebate on the property or cash).
I wanted a solution for 2 aspects.
1) Compensation
2) Terminate the contract.
Your inputs are highly appreciated.
Mar 24, 2021
453
Rights of property investor in case the developer failed to pay agreed ROI payment from the developer 0
I have 3 hotel apartments with a Dubai developer which I have paid fully. They were supposed to deliver in December 2019, they guaranteed a 10% ROI amount [return on the investment] paid for the properties.
May 2021 is fast approaching when I would be due for ROI payment from the developer, however, they are now asking for VAT payment with immense trickery calls... etc., and now stating they will not pay any benefits (ROI) unless the VAT payment is made.
Note that they have not provided any current dated VAT invoices nor any VAT invoice at the point of sale and they have not completed or handed over the property.
The SPA states that I shall pay VAT however puts no dates or periods at all specifying the date of VAT payment.
If they do not provide me the appropriate VAT current dated invoices and because of that, I do not make the payment, do they have the right not to pay me my contracted ROI on the dates specified on the SPA (May 2021)?
In case they do not pay, do I have the right to cancellation and compensation of SPA?
Apr 29, 2021
408
The commencement date of the limited labour contract 0
Good day Ahmed,
Offer letter Contract signed between me and the company (Joining date of work): 24/6/2018.
MOL Contract was signed: 17/7/2018 (Which says I entered country 26/7/2018 valid 2 years limited contract until 25/07/2020.
Last day in the company: 7/7/2019.
Did I complete a year?
Since when will the court calculate?
Thanking you!
Oct 14, 2019
661
Consequences of resigning from a limited labour contract 0
Good evening,
Can I terminate my limited contract within the probation period?
My visa status is a cleaning worker, but actually working as an admin assistant.
If I resign from my limited contract, then should I give a notice period or not?
Please let me know.
Thank you
Oct 15, 2019
623
Cancellation of the dependant visa in case of cancelling the sponsor visa 0
If I resign from my work and the visa of my family is under my sponsorship, do I need to cancel them before leaving the UAE?
Oct 17, 2019
4578
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