Questions & Answers
Questions & Answers
9 available 9 • View allTermination stating redundancy amounts to arbitrary termination

3
Q: Hi,
If a company terminates an experienced employee stating redundancy & hires a person on lower salary for the job, is it considered fair as per the UAE labour laws?
With this logic, it should be ok for companies to terminate employees at bulk & replace them with cheaper resources with the purpose of cost-saving.
Do advise.


Sep 19, 2019
762
Rights of the employee upon termination without a valid reason
4
Q: Sir,
What are my rights (terminal benefits) when terminated from employment as the company does not require my service?
There are no negative records in my service period and the company is now trying to reduce the cost as they have fewer jobs than expected.
I have worked for 2 years and 4 months (stamped second visa).
How will it be if termination with immediate effect and/or immediate termination with the salary in lieu of one-month notice?

Sep 26, 2018
981
Entitlements of the employee upon termination for redundancy
1
Q: My brother was terminated yesterday and the reason is to reduce employees upon instructions from our UK office.
He’s with the company for 3.9 years under unlimited contract and given the 30 days notice on 30.05.2019.
Is he entitled for 3 months salary compensation as per arbitrary dismissal/termination not related to performance?
He was advised verbally about this instruction and he was chosen. We would like to know his full benefits and rights, please.
Thank you in advance.

Jul 7, 2019
517
Reducing the salary of an employee before termination
3
Q: Hello Nicole,
Greetings!
I have been working in a private company in Dubai for the last 13 years under an unlimited contract. Recently, they have made my position redundant.
I am now serving 3 months notice period as per the labour contract (2 months already served, I am now in 3rd and last month).
My employer has put me on forced paid leave to adjust my notice period against leave days balance. I need some clarification per below, please.
1. The employer is paying me a full salary for a notice period of 3 months. However based on the recent announcement from the Ministry of Labor (for Private Co. employees), can my employer reduce my salary temporarily/permanently in this last month of notice period?
2. If the answer to question 1 is YES, how will it impact the calculation of my end of service benefits like gratuity or leave balance encashment? Will it be recalculated based on the revised (reduced) salary?
3. Am I eligible to claim any other Termination/redundancy pay apart from gratuity and leave balance encashment?

Apr 6, 2020
1076
Reducing salary by the employer and keeping it the same on WPS




8
Q: Dear Sir/Madam,
Greetings!
I am working in a fit-out company as a project coordinator. Due to the COVID-19 pandemic, my company issued a letter stating that our salary is reduced by half.
But the problem is that the company is showing a full salary in WPS and not issuing my salary cards. I requested them, not to do this, but in vain.
I have bank loan payments and home rent pending. And unfortunately, I can't take any advantage of the UAE Government benefits in this crisis, because I don't have any salary slip to show I am getting half salary.
I am very tense and afraid. Please advise me, how can I solve this problem?
Thanks
A. K.





+1
Apr 16, 2020
3076
How to defer bank payments of mortgage due to COVID-19




1
Q: Good morning
My husband lost his job last year in October after 15 years in Dubai. He continued to pay his mortgage without giving any excuse to the bank till now when COVID-19 happened. He is on my visa. We want to defer mortgage payments for a few months.
Kindly advise what should we write to the bank in this regard as they are demanding the payment now. We received the email this morning.
I would like to mention that we have been paying the mortgage regularly.
Best Regards





Apr 16, 2020
335
labour entitlements in case of termination for redundancy


2
Q: I am writing this mail to clarify my redundancy termination and end benefits. I had been working with a construction and maintenance LLC from the period of 01-09-2015 to 15-04-2020.
I have received a termination letter on 15-04-2020, the reason mentioned is due to redundancy. As informed by the company HR department, I am eligible to get one month notice period salary and end benefits.
Could you please make me understand the below query in conjunction with the UAE labour law?
In redundancy termination as per the UAE labour law, is the employee eligible for any kind of compensation apart from the notice period payment?



May 2, 2020
408
Calculation of the gratuity after reducing salary for COVID-19
0
Q: I am working in a company now for 11 months and 17 days. My company is offering me a 50% salary cut due to COVID-19.
If I accept, how will my gratuity and leave salary be calculated?
My basic is 4500 till now. And as per new contract, it is 2500.
Confused. Please help.

May 7, 2020
1165
What labour rights can the employee claim in case of redundancy for COVID-19?
0
Q: Hello,
I would like to inquire regarding my recent situation and legal rights.
My contract is unlimited, the company decided to make my position redundant with one month notice only. As I understood from MOHRE, one month notice is right as per my contract.
However, since the pandemic, the company has asked me to sit at home and sacrifice 75% of my salary for 3 consecutive months. So during these 3 months, I was getting only 25% of my salary.
Do I have the legal right to ask for 3 months notice with salary payment?

Oct 22, 2020
227
Legal blog
5 available 5 • View allTermination Without a Valid Reason - What Can You Do? 12
An interview-format article covering the topic of employment termination without a valid reason in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. Ludmila discusses the aspects of termination, like notice periods, end of service benefits, arbitrary dismissal, unpaid salaries etc.
Jan 15, 2020
5467
Is 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
2231
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
526
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
393
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
90208
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
103588
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
12393
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
36 36 answers •
View allContinuing work after the expiry of a limited contract without renewal 0
My limited contract has finished on 07 April and I'm still working and receiving my salary, however, my employer hasn't notified me yet about renewing the contract.
In case he does not renew my contract, am I entitled to receive compensation for not being given an earlier notice for non-renewal?
May 27, 2020
12103
Requirements of starting a platform for posting ads in Dubai 0
Greetings!
I will be running a website (blog-post + classified ads) from home, that provides services and posting ads, and it will accept membership in some countries that speak English.
I am located in Dubai. Since it requires a free subscription, I want to ask if I am obliged to register it as business anywhere to be legal, or if I do not register, I will be asked or arrested for running this website.
The website is under maintenance at the moment, it will be broadcasting after it is completed. Some points I am really concerned with:
1- Do I need a legal registration of the website as a business? If yes, can you help me find out how? If I register in one country - let's say UAE - will it be legal in other countries e.g UK, US?
2- GDPR is really critical point that we have to consider especially for websites that collect info from visitors if required. What are the major points that we have to focus on GDPR?
Kindly help me optimize my website to get rid of any unsuspected legal issue.
Regards
May 14, 2020
2634
Resignation during the unpaid leave period due to COVID-19 0
I am a manager in a UAE company, I have served 2 years on an unlimited contract. I have been instructed I am on unpaid leave for a 3-month period in light of the current situation.
The company is asking me to sign an annexe to my contract that I accept this unpaid leave period. If I do accept, can I still resign during this 3-month unpaid leave period if I get another job?
Apr 27, 2020
2288
Is it legal to give a post dated cheque against the final settlement? 0
I should have my final settlement on May 9 as my last day of work will be May 2nd. The company offered me to pay me in 2 payments.
A bank transfer was made in the 1st week of May and the second 50% in the 1st week of June by giving me a post-dated cheque.
The issue is I didn't plan to stay 1 more month as I should leave the country.
1- Is this legal to offer this kind of payment? What can I do?
2- If I have to stay, they have to pay my expenses (rent and bills) to stay one more month in the country?
Apr 27, 2020
1352
المقصود بحل الشركة ذات المسؤولية المحدودة وآلية ذلك 0
السلام عليكم،
ما المقصود بحل الشركة ذات المسؤولية المحدودة؟
وكيف يتم حلها؟
ومن له الحق أن يطالب بحل الشركة؟
Apr 28, 2020
5534

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
880
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
14626
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
4877
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
697
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
1511
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