Questions & Answers
Questions & Answers
10 available 10 • View allDeduction of the annual leave and reducing salary
3
Q: Sir,
I joined a private company in 27/09/2014 on an unlimited contract. Based on the basic AED 2000 & HRA 3500 (Total AED 5500), I got the annual leave salary up to Sep 2018.
In August 2019, the company reduced my basic to AED 1500 & HRA as AED 2500 (Total AED 4000). My accumulated leave was from 1st Oct 2018.
I applied for my vacation and it was approved but the company wants to consider the revised salary (Basic & HRA) also.
Now the company wants to consider the new salary and deduct the excess paid before as leave salary since the basic and accommodation is lowered as mentioned excess paid during previous leave salary.
Recently my company reduced basic and HRA from 01/08/2019.

Sep 18, 2019
1379
Renewal of the residency visa to stay in the UAE during COVID-19 outbreak


1
Q: Hello there,
This is an issue that has come from Covid-19 and I am in desperate need of assistance.
I left my last employment a month ago and was moving to a new job. This was then withdrawn once I left my last employment due to Covid-19.
I am now in the country not wanting to leave but my residency visa will expire on the 27th, March. I can't go home to Germany as the outbreak in Europe is very bad.
What can I do to get either an extension or a travel visa without having to travel at this time?



Mar 24, 2020
1252
Claiming arbitrary dismissal after termination for economic reasons




1
Q: Hi,
I am working in a company situated in the free zone, and due to the economic crisis as mentioned in my termination letter, the company terminated me and gave me a 1 month notice period.
My contract was 3-year visa I finished my 2 years 4 months ago. In this situation, does the company need to pay me a 3-month salary with notice period salary?





Apr 5, 2020
796
Employee rights in case of salary reduction due to COVID-19
0
Q: Ramadan Kareem!
I am working in retail with an unlimited contract. Last March, my income has been reduced by 20% due to the company's internal restructuring.
Unfortunately, the COVID-19 pandemic got even worse forcing me to be in furlough. They have reduced my income by 80% until 3 months.
At the same time, the company had asked to donate some of the Annual Leave days to help the company during the crisis. Is this legal?
The company is going to put me into redundancy soon and they have advised that it will be only for a month instead of the 3-month compensation.
Kindly advise.

May 4, 2020
530
Claiming passport and salary for two months from employer
0
Q: Hello,
My question is the employer is not giving me my passport asking to sign long unpaid leave. Two months and the salary is not paid.
The employer is asking to sign long unpaid leave backdated two months. Not giving my passport unless I sign.
Please help me, what should I do?
How to make sure I get my passport back?
What if he will be scared by the complaint and lie that he doesn't have it?
Please help, what is the best way?

May 7, 2020
378
Obligating an employee to accept unpaid leave and his resignation upon refusal
0
Q: I've been working in a company in JLT under a limited contract for a year and a half. Due to the current pandemic, I was asked to sign a letter stating that I am going on unpaid leave for 5 months which I did not sign.
I did explain via emails that I can not accept to live without any income for 5 months. I said that I accept salary deductions. I did not hear from them except that they are waiting for my signature for unpaid leave.
I will most probably have to leave Dubai because I can not afford anymore to live here. What are my rights in this case? Can I resign because I haven't received a salary last month? Am I entitled to any end of service benefits in this case?
Am I obligated to pay any penalty because I am resigning under a limited contract? What can I do if I don't hear from them by the end of this month or if I don't receive anything at the end of the month?
Thank you!

May 7, 2020
583
Rights of an employee forced for unpaid leave due to COVID-19
0
Q: Hello,
I’m working as a teacher and my school sent me on unpaid leave for 5 months I called Tawafoq, and Tawafoq contacted the school to tell them that I refused this unpaid leave.
So the school said ok if he doesn’t agree with unpaid leave he can go to court. So now I
My contract is limited. So I asked for three months breaking the contract and the rest of my rights.
The question here is shall I raise the complaint like this or I should raise the complaint that I’m asking the school to pay me those 5 months for the unpaid leave months?
I’m really confused because the school didn’t terminate me, but they forced me for unpaid leave and I didn’t sign it. I’m working for one and a half year with them.
If you please tell what rights I should write in the complaint and ask the court to get it for me without doing or asking for something illegal.
Kind regards,
Mr M.M.

May 15, 2020
403
Reducing salary and leave encashment upon resignation due to COVID-19
1
Q: I worked in an LLC company for 1 year and 4 months. After completing one year, I haven’t taken any leave or encashment of my 30 days leave with full pay.
During the Covid-19 pandemic, my employer reduced the salary without my approval, no contract was signed. There is no COVID impact in the client's place where I am working. They did not reduce my contract with my company while the employer still reduces it for 6 months.
I have resigned now. My employer dictates the amount on the final settlement. Indirectly, his saying is if you don’t take any leave, I will pay the full amount of your leaves and if you left the company, I will pay only basic salary.
Without a sign of approval, he reduced my salary.
Kindly advise me!

Nov 29, 2020
419
Cancelling visa and claiming gratuity after forced COVID-19 leave
0
Q: Good afternoon.
I am working in a nursery but since March we were forced to leave until September, and until now, we haven't heard anything about reopening the nursery.
We signed a formal forced leave without date until September. Now it's December and we have not received any assistance from them. I wanted to go back to my country but they said I need to pay them.
I want to take my gratuity and I was working with them for more than 5 years. This is my second 2 years contract with them. My contract will be over in October 2021.
But I need to work for my family especially now in the COVID-19 situation. I need to have a new stable income.
Please enlighten me what to do.

Dec 9, 2020
542
Right of the employer to give the employee unpaid leave without his consent
0
Q: Hi,
Due to the pandemic, the travel industry is affected terribly.
Is the company required to pay for the months that the staff was on unpaid leave if the temporary annex is not signed?

Nov 11, 2020
775
Legal blog
7 available 7 • View allIs COVID-19 a Force Majeure Event? 10
As the world is currently experiencing a major lockdown and suspension of almost all commercial and civil operations, the question arises in the novelty of Coronavirus outbreak on how serious it is to be dealt with as a Force Majeure.
Apr 7, 2020
2253
UAE Labour Law Update (COVID-19): Ministerial Resolution No. (279) of 2020 22
This article discusses the Ministerial Resolution No. (279) of 2020 Regarding Employment Stability in the Private Sector during the Period of Application of Precautionary Measures to Curb the Spread of the Novel Coronavirus Issued by the Minister of Human Resources and Emiratization in Abu Dhabi on 26/3/2020.
Apr 13, 2020
8074
What is Force Majeure & How Does it Apply During COVID-19 in the UAE 0
An interview-format article covering the topic of force majeure in the UAE, in light of COVID-19. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 11, 2021
539
Employment Issues and Laws During COVID-19 0
An interview-format article covering the topic of employment issues and laws during COVID-19 in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 8, 2021
401
Coronavirus 101 for Businesses & Individuals in the UAE 0
An interview-format article covering the topic of COVID-19 in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 10, 2021
219
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
11261
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
90587
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
103615
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
26447

Other answers by
109 109 answers •
View allCancellation of SPA for delay in delivery and defaulting on payments 0
Hi
I bought an off-plan property from a developer in downtown during the peak time. My payment plan was based on construction with completion being Dec 2019. I have paid more than 50%.
I requested the developer to readjust my payment plan as the project is delayed. They moved on payment forward and sneakingly changed completion date to Aug 2021 in the document. The SPA still says Dec 2019.
Now I'm struggling to pay the next payment due to COVID-19 and project is completed 56% as par Dubai land department and 60% as per the developer. The developer is asking for payment and calling me every day.
My question is can I still use the delay in the project as a clause to cancel my unit?
Can I cancel my apartment and how much can the developer deduct?
After selling me, the developer started offering customers post-handover payment plans for 4 years, which is very unfair as even if I complete my payment, no one will buy from me as the developer is selling something with 4 years post-handover.
Can legal help be provided in this regard?
Jun 7, 2020
889
Easy way to know whether a job offer is real or scam 0
I am a health professional in Canada.
Years back, I posted my CV to work in the middle east on a job site in the gulf. Last week, I got 3 emails claiming from a general hospital in Abu Dhabi, a hospital Dubai and another medicare hospital in Dubai for online recruitment.
they showed interest in my CV. All emails were from free accounts (gmail.com address). I chose then to forward an email to the concerned HR department of the concerned hospitals.
I forwarded one email to the official email of one of the hospitals (as given on the hospital site). They replied and said, yes, the email is legitimate and you can apply with confidence.
Now I got an offer letter from Dubai hospital with handsome salary offer but from a Gmail address. They're asking me to start position in one month only and asking to contact a travel agency based in Dubai.
Is it a scam or true? I have forwarded the email to the HR department of the hospital to determine authenticity.
Jun 7, 2020
14643
Employee rights in case of changing an unlimited contract to a limited contract 0
Hi,
What is the law if an employer wants to change a contract from an unlimited to a limited contract?
Is the employer liable to pay the 3 months arbitrary dismissal (if valid) + other monies owed prior to changing the current unlimited contract to a limited contract?
Jun 7, 2020
4887
Terminating the SPA and claiming refund for changing specifications 0
Can a developer change the layout of the building as shown at the launch event and part of all brochures/online advertisements/model under the pretext that the same is not included in the SPA?
For the launch, we got convinced with the building design and layout but at delivery, it’s changed without prior intimation.
Can I make a legal case or can they take the guise that it’s not part of the SPA?
Can I get a refund for the 30% advance payment and refuse possession of the unit?
Jun 8, 2020
711
Inability to continue paying the installments of a property because of COVID-19 0
Hi sir,
I live in the UK. I am an investor and a broker for a property development company. One of my customers bought an off-plan property from it i.e just Cavalli Villa 2 years ago. 33% was completed and handover is due in 2021.
My client paid part of the deposit around AED 390000 (£80000) and she has been paying to the project for the last two years until early this year when COVID- 19 hit the UK. Since then, she has been ill and lost her job and, therefore, she is unable to pay.
My customer received a letter from the company saying that if the outstanding amount is not paid within 30 days, then they will take her to court. They say that they would cancel her plot and she will lose all MONEY paid so far.
My client needs payment delay until her situation improves but this request has been declined. The money secured under the ESCROW account. Can the developer have the power to take money from the escrow account?
What is her right under Dubai law? Can she do anything to avoid court order? The UK is in lockdown at the moment with no proper or normal banking functions.
Thank you!
Jun 9, 2020
1520

Premium
Other answers by
86 86 answers •
View allLabour rights for terminating a limited contract by the employer 0
Dear Sir,
My company made my position redundant due to the Coronavirus effect. I am under a limited contract.
With the end of service, they gave me one month notice period. Is it right or it should be 3 months?
Please clarify
Apr 12, 2020
612
Early termination of a tenancy contract when the landlord is not responsive 0
I want to early terminate my tenancy contract of one of my nurseries in JLT (retail unit) as the business is completely shut since March. I am unable to contact my landlord who is a Chinese national; he does not reply to email or call and may not be in Dubai.
The final cheque is due 01 May 2020, what should I do?
Apr 9, 2020
1415
Consequences of leaving the UAE without canceling the employment contract 0
I have been in Dubai 2 years ago. I left the country before the end of my contract with a hotel. I resigned after 4 months, they asked me to pay AED 5000 penalty.
Instead of paying the penalty, I just left and got back to my country. Am I banned? Will I be able to work in Dubai in the future?
Apr 19, 2020
1444
Deducting housing allowance from end of service gratuity upon resignation 0
I have resigned from my current job and my last day is May 9th after a notice period of 2 months. I was employed for 4 years.
My employer has paid me a full year housing allowance and would like to deduct the remaining months from my end of service. Is this allowed? I have not been made aware that the amount would be deducted in case I resign.
Also, I am entitled to 30 days of leave per year. Since I have resigned, they have applied a pro-rata for this year for the end of service calculation. Is this allowed?
Shouldn't I be compensated for the 30 days that I have not taken?
Thank you!
Apr 9, 2020
3238
Forcing employees to take unpaid leaves due to COVID-19 0
My company has placed all of the employees on unpaid leave due to the COVID-19 situation.
Can they legally do this without even paying our basic salary or expenses?
Apr 5, 2020
896
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