Questions & Answers
Questions & Answers
9 available 9 • View allRequesting 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
1399
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 This was then withdrawn once I left my last employment due to Covid-19.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
1299
Resignation during the unpaid leave period due to COVID-19
2
Q: 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
2339
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
607
Responsibility of the employer for expenses of employees in pandemic
1
Q: I am working in a company which is registered in Creative City Fujairah Freezone. Last month, our employer sends us on unpaid leave from April to September.
He said he will provide tickets to return back to my country but suddenly the lockdown was imposed. I didn't sign any extra document and this discussion happened on Whatsapp.
On May, I asked for the accommodation cost but he said he won't pay anything, not even for the food and for the rent which I have to pay. I am now helpless, I don't have money to survive here.
Isn't he responsible for the rent and food cost until I leave the UAE?
Please guide.

May 12, 2020
432
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
457
Forcing employees to go to the office during COVID-19 pandemic


0
Q: Regarding the Coronavirus issue,
My employer still wants us to go to the office and they said we have to make our own means of transportation. Our company is manufacturing valves. Are we still allowed to go to work because 80% of the companies are already working from home?



Mar 31, 2020
135
A company sent an employee on vacation due to COVID-19 and deducted his full salary
2
Q: Hi,
I have been working in my company for about 14 years now. Due to the pandemic, I went home in March as a vacation, but never get any financial assistance from my company.
Now my company is not even bothered to bring me back to work.
Do I need to resign to find a new job and can I still claim my service fee/gratuity?
We are a Free Zone company.
Please give advice.
Thank you!

Oct 1, 2020
395
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
829
Legal blog
5 available 5 • 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
2302
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
8119
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
553
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
425
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
92643
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
103761
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
26967

Other answers by
Cancellation of SPA for delay in delivery and defaulting on payments 2
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
927
Easy way to know whether a job offer is real or scam 100
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
14683
Employee rights in case of changing an unlimited contract to a limited contract 7
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
4904
Terminating the SPA and claiming refund for changing specifications 2
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
753
Inability to continue paying the installments of a property because of COVID-19 5
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
1549

Premium
Other answers by
I have a case running in court and I am afraid the debtor will flee the UAE. Will a travel ban be automatically placed? 0
I filed a money claim above AED 10,000 (but will probably be above AED 50,000 if capital + dividends are combined) against someone in Abu Dhabi.
The mediation time has elapsed, 2 court sessions have been done, and the defendant still hasn’t shown up or appeared in either of those. In the last/latest court session, the judge said that the defendant is still inside the UAE.
About the travel ban, is it automatically applied to him because of the case, or do I have to ask/request it to be applied to him through the Abu Dhabi court?
May 2, 2025
21
Can the landlord send me an eviction notice for non-payment despite submitting an offer and deposit at RDC? 0
I’ve lived in my building for over 4 years, with the most recent rent being AED 50,000. Each year, the management collects cheques and extra AED 2,400–2,500 cash (no receipt) for management and Ejari fees.
My contract was due for renewal on 15 Feb 2025, but management delayed, demanding a 10% rent increase even though no formal 90-day notice and the RERA index did not allow it.
After a month of excuses, the manager called on 12 March, insisted increase to 55K, and threatened eviction if I refused. When I referenced RDC, he hung up. The next day, he again made unprofessional remarks, so I decided to go with RDC.
I submitted my offer and deposit on 13th March, but the management didn’t respond. The case went to the judge on 14 April he ruled in my favor.
On 30 April, I applied for the execution of the ruling, and RDC says I can renew Ejari only on 8th May at DLD with cheques given to them.
However, on 1st May 2025, I received a notarized eviction notice for non-payment of rent and communication.
My question is, what will happen at DLD now?
May 2, 2025
16
كيف يمكنني الاستعلام عن قضية إبعاد أمني ومحاولة العودة إلى الإمارات؟ 0
السلام عليكم،
أود الاستفسار بشأن قضية إبعاد زوج خالتي من دولة الإمارات العربية المتحدة. زوج خالتي كان مقيماً في الإمارات وكان قد وُلد وترعرع هناك.
في عام 2013 تم إبعاده من الإمارات، وكان ذلك نتيجة لسياسات حكومية كانت تستهدف مجموعة من المقيمين في تلك الفترة، وهو لم يكن قد ارتكب أي مخالفة في ذلك الوقت وكان يُعتبر ضحية للسياسات المتبعة.
أرغب في معرفة الإجراءات التي يجب أن أتبعها حالياً من أجل رفع هذا الإبعاد وتمكينه من العودة إلى الإمارات.
أرجو أن توضح لي كيف يمكنني مساعدته في هذا الموضوع.
شكراً جزيلاً.
May 1, 2025
17
My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
Apr 30, 2025
19
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
May 1, 2025
50

Premium
Other answers by
Labour 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
667

Premium
Other answers by
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
May 1, 2025
50
How to file a case against my former company for unpaid salary I was not on their visa? 0
Dear Legal Advice Middle East,
I hope you are well.
I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED.
However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid.
I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels.
This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship.
As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline.
Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.
Apr 30, 2025
25
After closing the company, can an investor stay in the UAE until the residence visa expires? 0
Hello,
An investor has a residence visa valid until February 2027; however, he wishes to close the company before the current license expires in December 2025.
Can the investor still legally reside in the UAE until the residence visa expires?
May 2, 2025
29
Can I return to Dubai after 12 years away on a new employment visa? 0
Hello,
I came from Dubai to India on emergency leave, but unfortunately, I did not return. It has now been 12 years. Can I go to Dubai on a new visa?
I have already received a new employment visa from another employer.
Can I return to Dubai, or will there be any problems with UAE immigration?
Please advise!
Apr 30, 2025
20
Employer agreed to settle before MOHRE. What if they don’t pay the promised amount? 0
Hello,
I already have a dispute order with MOHRE. Then my employer became willing to settle the case.
What should I do in case they do not follow through with the promised amount to pay?
Apr 29, 2025
42
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