Questions & Answers
Questions & Answers
9 available 9 • View allCompensation for termination of an employment contract
21
Q: What is maximum compensation for employment contract for 5 years but where after 1st year the original owner divested of the business but never gave a termination notice to staff?

Nov 9, 2017
9388
The end of service gratuity calculation upon termination
3
Q: Hi Ma'am,
I have worked for a company almost 12 years as an accounts manager, and the company decided now to outsource a finance team.
The outsourced company offered me a job and they will give me the same package, but I will be working in this company only for 3 months then I will be sent to other clients as well.
This is an Indian outsourced company and I have taken a decision that I am not willing to work with an outsourced company which is unknown to me.
I am working as per JAFZA visa for 12 years. The company gave me a letter with subject stating the cancellation of the contract and I will be served for 30 days notice period.
So, can you please explain to me how I will go through in this situation and what benefits will I get as per JAFZA rules and regulations?
Thanking you in advance for the help and I wait for your reply in this.

Jan 23, 2018
5187
Status of the employment contract when new owners take over

1
Q: Hi Sir,
I have been working in a company since Jan of 2015.
On the 2nd quarter of 2017, the company was sold. All employees remained. So, we are still with the company but with new owners.
This year, they changed the name of the company. Our contracts here expired last December. We are now waiting for our new contracts to be signed. It's taking awhile.
Today, I was asked to sign a job offer dated Jan 2018. I am on husband visa. Isn't a job offer only for new employees?
I am not new, we only have a new owner and a new company name. If I sign this job offer, does it mean I am a new employee and not an old employee who started in 2015?
Hope you can help me. And is this a new requirement in Dubai? Even for those who are already on husband visa?
Thank you.


May 2, 2018
1848
Claiming labour entitlements after termination by new management

1
Q: I was working with a company since 02 August 2007.
In November 2016 onwards, there was a new management who took over the department which I was working. So I was asked to give all the support to the new management.
But again, in July 2018, due to some management issue, the old management came into power and they terminated all the staff who have been newly appointed by the new management and asked me also to resign or they will terminate me too.
On 26 July 2018, I gave resignation and asked the management to give me a one month time to finish and hand over all my work to a new person. They agreed on 26 July that my final day will be 19 August 2018.
On Sunday, 29 July 2018, when I came to office, I found my office closed and my pc removed. I checked with the other legal person at the company and he informed me that as per the chairman, I should leave the company immediately and they will take care of the pending work themselves.
Till now, they have not paid my July salary nor cancelled my visa and settled my EOSB.


Nov 11, 2018
470
Claiming unpaid salaries and entitlements for arbitrary termination
3
Q: Labor Case
I have not been paid 4+ months in salaries of 40,500. I have served in the company 5.8+ years to date. I am due to pending salaries, leave salaries for 51 days, gratuity and a personal balance of 54,000.
My present company has been sold to another company and I have been requested to continue my job at a lower salary and demoted from my current position of General Manager which are terms of arbitrary termination.
I have refused to sign stating I will not do so until my pending salaries and dues are settled. They have not terminated me nor have I resigned from my current position as I believe they are not legally authorized too.
They have not transferred the TL to their names yet. However, they are sitting in our office and making transactions on behalf of the company and operating the bank accounts.
The previous owner is unreachable both by email and phone.
As per the above, what are my options to claim?

Jan 9, 2019
1242
Labour rights in case of termination for changing management
1
Q: Hi,
My company decided to sell it to a different owner, they said it's up to us if we want to stay on our job.
If we choose to stay, they will cancel our visa and the new owner will process a new visa but we will pay all the expenses for processing a visa, Emirates ID and medical...etc.
So I volunteered not to continue working with them. I have been with the company for 7 months. They give us a notice a month ago.
Am I capable to get compensation from our previous company?
Please let me know, as I'll be jobless soon.
Hoping for your kind advice so I know my rights.

Aug 15, 2019
554
Rights of the employee in case of termination by new management
0
Q: In Jan 2019, a part-owner joined our company.
My gratuity was paid and I received a new appointment letter, mentioning that I'm continuing with the new management with a lower salary and a 6 months probationary period.
But, my labour contract with JAFZA was not cancelled. On my 6th month (182nd day), I received the non-confirmation letter through email. They said that they will give an extension of 1 one month, but I have to request.
I did request through email then they replied that the same was treated as my resignation. On my LWD (7th months), my manager told me to continue, so I thought I was going to be retained.
But after a week, she sent me an email stating that the company just gave me 1 more month and that they have to discontinue my services due to the change in our department. Hence, I worked for another 1 month.
Can I claim arbitrary dismissal in this case? Also, since the previous owner paid the gratuity and leave salary only up to Jan 2019, can I also claim for same from Jan 2019 up to my LWD?

Dec 26, 2019
285
Claiming the EOSB upon company's absorption by another company
1
Q: Dear sir/madam,
In case a company gets absorbed by another company and the employees are asked to sign a new contract, do they have the right to ask for the end of service?

Apr 1, 2022
239
How to settle the EOSB for employees when new owners take over the business?
0
Q: I am yet to join an organization that has been in existence in the UAE since 1996. However, they were hard hit during Covid 19.
The owner was sick for some time & during this period, there were funds that were embezzled & some executives ended up fleeing the country, leaving employees unpaid & the company barely running.
There are investors who want to inject funds into the company at the moment (buy 75% of shares) currently & revive operations.
We are currently working on resolving issues with WPS, renewing the Trade License & registering the new investors to the new commercial license.
The bone of contention is that there are employees who worked with this company for over 30 years & want to leave but there are unavailable funds to cover their EOS.
Kindly advise how we should go about it. Can we negotiate EOS pay?

Apr 11, 2023
73
Legal blog
3 available 3 • View allThe Consequences of Job Loss and Defaulting on Financial Liabilities 26
The management of individual financial affairs is crucial and all the actions must be weighed down while committing to any financial liability. Whether it's job loss that may have lead to financial failure or the opposite, one must be aware of the personal liability which will not diminish by paying fines for cheque bounce cases. There are two major types of liabilities, criminal liability and civil liability. Each has its own significance, hence, must be dealt with accordingly.
Feb 12, 2019
18895
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
11246
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
90428
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
103606
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
12404
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
26397

Other answers by
68 68 answers •
View allOptions for dealing with a divorce case while being abroad 0
Is it possible to have a divorce case and leave the country?
Do I have to stay in the UAE if the divorce is still not done?
The procedures are very slow and I cannot be in the UAE in the upcoming months.
What are the options for dealing with the divorce and the court while being abroad?
Jun 29, 2020
1236
Filing bounced cheques cases to force payment 0
What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company's name) in Sharjah?
Could we file a civil suit for the same as the person doesn't get released until he pays & clears the cheque amounts?
Are we also eligible to claim the damages & losses?
How much could be claimed for damages?
Please define with your best knowledge.
Thanking you for your kind cooperation.
Jun 8, 2020
505
How to guarantee my right in accrued leave days or payment 0
Dear Sir,
My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off.
However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets.
My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?
Jun 4, 2020
563
How to guarantee labour rights before signing the cancellation paper 0
Good morning All,
I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020.
Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan.
The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE.
They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee.
The company that I worked for is located in Dubai and is a private organisation.
Jun 4, 2020
514
Following up on a labor case after traveling to the home country 0
After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period.
I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me.
I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well.
I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?
Jun 4, 2020
1558
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