Questions & Answers
Questions & Answers
9 available 9 • View allForcing employees to take unpaid leaves due to COVID-19



0
Q: 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
Requesting staff to take unpaid leave as a result of Coronavirus outbreak

5
Q: Dubai companies are reassessing their staffing levels during the Covid 19 outbreak.
Is it legal to be asked to take unpaid leave?


Mar 24, 2020
1350
Terminating an employee's unlimited contract during COVID-19 pandemic


1
Q: I am new to the country and have worked for a year and a half in a company. I have a 2-year unlimited contract from them. Suddenly, I got an arbitrary dismissal without any valid reason, warning letter, or notice.
They told me that it will be the last day of my work and they will pay only my previous month and 18 days.
They will give me 45 days grace period to find a new job but, due to COVID-19, the market is saturated and all companies are shut down in the meantime for opening new opportunities.
During the day of termination, they asked me to sign a paper for cancellation. I asked them about what I will get, they said that they will pay only my working days.
My concern is I don't know any policy in the UAE about termination. I heard from people that if you get terminated, they have to pay 3 months of your basic salary and give you the rightful benefits.
Is it possible to file a case for this?



Apr 2, 2020
383
Required notice period and legal rights in case of redundancy



2
Q: I was working as a Sales Manager in an LLC Organisation for the past 22 years. I was made redundant in Mar 2020.
Kindly help me with my three queries/doubts, please.
1. The 'Unlimited Term Employment Contract' dated 13 August 2017 mentions 2 months prior notice period. The renewed contract shows 1-month notice, which I didn't check during signing the renewal document. Is it right for an organization to change this?
2. What are my entitlements, please?
3. If I had been deprived/cheated, can I still approach for my rightful entitlement, if any?
Thanking you in advance.




Oct 6, 2020
431
Responding to the DAFZA employment dept. to avoid a labor case by an employee
3
Q: Hi All,
I am a London based owner of a Free Zone company. Due to corona pandemic, the manager handling the affairs of our Airport Free Zone company has gone to his home town and there is no business.
An employee has approached the DAFZA employment dept, getting emails from them for non-payment of salary for the past 6-7 months. Since business is bleeding, we are unable to pay now and the employee is not able to settle amicably.
How to respond to DAFZA?

Nov 19, 2020
964
How to claim gratuity and unpaid salaries after termination for COVID-19
3
Q: I am employed in a private firm and my visa is from Umm Al Quwain.
As a result of the current pandemic, the company asked me to be on long unpaid leave and agreed to pay my pending salaries along with the employees still on the payroll.
Now they have sent a termination letter as my visa is expiring this March '21. However, my salaries for 4 months are still not paid. I can register a labour complaint.
In case it is not resolved through MOL, then it would be referred to court. This would take some time and my visa is expiring, so there are sure chances of overstay fine.
Who will bear them and also the legal charges, if any?
Also if I get an opportunity to work with a new organisation, would there be any issues with a new employment visa?
Look forward to your kind suggestions.
Regards,
L. R.

Mar 4, 2021
506
The gratuity calculation in case of "discontinuation of an unlimited contract"
1
Q: Hi,
I have been informed by my employer that they are not going to renew my contract.
They have stated in the letter that "discontinuation of an unlimited contract", and my contract was about to expire on December 20th.
Now, will the gratuity calculation be based on termination or resignation?
I have read on some websites that the gratuity will vary if terminated by the employer.

Oct 22, 2019
382
Can the employer terminate the employee without giving a termination letter?


0
Q: Good afternoon,
I just want to ask only. The company terminated me without a termination letter and they told me that in my case, they are not giving a termination letter.



Apr 4, 2022
587
My company terminated me for economic reasons and I filed a complaint. What's next?
1
Q: My company released me due to our continuous delay of clients payments as per our manager, that is why our salaries were delayed.
But before that, I have already made a complaint through MOHRE because of the salary delay. What shall I do?

Jun 27, 2022
233
Legal blog
6 available 6 • 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
5479
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
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
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
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
103615
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
12406
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
213 213 answers •
View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ? 0
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
417
I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
Mar 9, 2022
352
Is it possible to apply a will issued in South Africa in the UAE? 0
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
469
How to access the bank account of my son who passed away recently? 0
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
373
How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
283

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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

Premium
Other answers by
1294 1294 answers •
View allIs a bounced rent cheque case considered a criminal record for U.S. visa applications? 0
Hello,
My rent cheque was bounced, and my landlord filed a case against me in Sharjah Court. I received a fine of 2,000 AED, which was later reduced to 1,000 AED upon appeal.
Does this case count as a criminal conviction under UAE law, or was it handled as a civil matter?
If I apply for a U.S. visa, will I need to submit court records under the requirement for applicants with past convictions?
Apr 15, 2025
30
How can I renew my Ejari if the landlord hasn’t signed the new contract? 0
Hi,
I have been here for 3 years now and paid the increased amount (as per the agreement) for the 4th year.
However, the landlord did not send me back the signed contract, although I have both made the payment for the full year via bank transfer and sent my signed contract to him.
I need to renew my Ejari; however, how can I do it without the landlord's signature?
I have all the previous contracts signed by both parties, along with the Ejari for those contracts.
Apr 14, 2025
23
How can I file a counter-complaint for a false public cursing accusation? 0
Hello,
How can I file a counter-complaint against a person who made a false report about me for public cursing, which I never did?
He made the complaint about three months after we last met. I now have a case because of it, but I never said any bad words to him.
I was stopped at the airport because of that.
Apr 7, 2025
63
I got a work permit and entry from a Dubai employer for work. What documents do I need to carry? 0
I got a work permit and entry from a Dubai employer for work.
During the travel to Dubai, do I need to show any accommodation proof, return ticket, or anything?
What documents do I need to carry?
Apr 14, 2025
27
I would like to know how to clear my police record due to a legal case that was closed a year ago 0
I would like to know how to clear my police record due to a legal case that was closed 1 year ago.
I need to clear it in order to be able to get a job position.
Apr 14, 2025
22

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
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1587 1587 answers •
View allIf an employee is terminated due to poor performance, is he eligible for compensation? 0
Hi,
For the private sector, if an employee got terminated due to warning letters for poor performance issued to him, is he eligible for a 1-month compensation salary?
Apr 15, 2025
27
What to do if the bank filed case on me using security cheques and executed travel ban? 0
The bank filed a case against me using security cheques and executed a travel ban from Dubai Courts.
Apr 15, 2025
11
Can a Pakistani expat register a second marriage in the UAE without disclosing the first? 0
Hello,
I want to know the UAE rules regarding second marriage for expats. I am a Pakistani national and already have a wife back in my home country.
Now, I want to do a second marriage in the UAE with a Moroccan girl. Can you please let me know the procedure involved?
Can I get my marriage registered in the UAE? Is it mandatory to disclose the first marriage? I am on an employment visa in Dubai.
Apr 7, 2025
141
Missing business partner since 2003. What to do about his share in the LLC? 0
Hello,
I am a manager of an LLC company with 25% share. In February 2003, a partner joined the company with a 25% share.
After two months, he didn’t like the company and left. After two years, we did not know where he was. We just heard that he left to Tunisia before his visa expired.
What to do with his 25% share, please?
Apr 7, 2025
134
I got a work permit and entry from a Dubai employer for work. What documents do I need to carry? 0
I got a work permit and entry from a Dubai employer for work.
During the travel to Dubai, do I need to show any accommodation proof, return ticket, or anything?
What documents do I need to carry?
Apr 14, 2025
27
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