Questions & Answers
Questions & Answers
9 available 9 • View allCalculation of gratuity in case of visa transfer to a sister company
7
Q: My company is a group of companies, and now they want me to switch/transfer the visa with one of their companies which is under the same group.
I want to inquire how my gratuity and dues will be cleared as they are saying there is no need for clearance as it is a group of companies.
Please advise, how my visa can be changed or transferred without cancellation? How will the gratuity be forwarded to the transferred company?
Please advise as I want to know the law, accordingly will ask my company.

Jun 26, 2019
2567
Gratuity calculation in case of work for different branches of the same company
1
Q: In regards to the UAE Labor Law and the application of End of Service Gratuity, if an individual was employed by another branch of a company before transferring to an FZE branch UAE based employment contract, would that be considered continuous employment?
For example, the initial employment was in another Middle East location(s) within a European registered branch; however, all administration (HR / Management oversight) was conducted by FZE entity, after which, in acceptance of promotion, a relocation to the UAE and an FZE contract was entered.

Jun 1, 2017
3656
Recalculation of end of service benefits
0
Q: I joined the company in April 2000 and now I am leaving the company. Just to let you know that in 2009 the company had given every employee their end of service benefits and made everyone sign one paper.
My question is that during that time my basic salary was less but now it has increased. As per now, it looks like the company will only pay the end of service benefits from 2009 till date.
I want to know if I am eligible to get the increased differences of my basic salary from 2000 to 2009 additionally.
Thank you

Aug 23, 2017
1181
Transferring an employee from a DMCC to an LLC company owned by the same owner
2
Q: I am under DMCC. My visa has already expired on Nov., 8. My company told me that they will transfer me to an LLC (same owner). I emailed them reminding them that aside from my gratuity, I also have a pending ticket allowance.
They replied to me and sent a letter that from DMCC, I will be transferred to an LLC due to the expiry date. My employment will be continued with no changes to my end of service entitlement and annual leave.
Is this letter valid? Will this letter be enough proof and assurance that at the end of my service I will get the dues from my last company (DMCC)?

Nov 19, 2019
852
The calculation of the EoSB in case of working for the same company in different countries
2
Q: I was working in France for a company and got transferred to the UAE with the same company. As part of the transfer process, I resigned from my French position and signed a new local contract for the new position.
My employer issued a letter mentioning the resignation and the new position benefits as well as clearly mentioning that my employment with the company is continuous (ie. my start date with the company remains the same as my start date in France).
I have now resigned from my UAE position and am in the middle of my notice period.
I have discussed with my account department the details of the End of Service Gratuity and found that they do not consider the French start date but the UAE start date in their calculation.
The letter as well as multiple company internal procedures clearly state that when an internal transfer happens, the start date with the Group remains.
As I was forced to resign from my French contract, I have not taken any compensation for the years worked.
Please advise!

Nov 12, 2019
531
Paying the gratuity in case of transferring an employee to another company
1
Q: Hello,
I have been working with a free zone company for the past 4 years and as a part of rebadging, I am being transferred to another company.
My current company is denying my gratuity stating that it has been transferred to the new company which I am going to join, however, my new company has clearly stated that no such agreement was made and my current company is responsible for paying my gratuity.
Please let me know how can I proceed as my current company is not giving me my gratuity?

Aug 28, 2021
1379
Calculating the gratuity of an employee who worked for sister companies?
2
Q: How to calculate gratuity in case of internal transfer if the EoSB wasn't paid during transfer but to be paid during employee resignation?

Jan 6, 2022
507
I worked with the same company in different countries. Do I get the EOSB for all?
0
Q: Hi,
I've been working at a company with an ADGM license for 3 years, and I will leave the company because my position has become redundant.
However, I was previously based in 2 different locations with the same company for a total of 6 years.
Is my gratuity based on the total 9 years time I spent with the company?
Or is it only the last 3 years in the UAE?

Apr 13, 2022
245
How to claim my EOSB if I moved with the same company from the UAE to Germany?
1
Q: I moved from the UAE to Germany under the same company after working 7 years in service in Dubai. Before I moved, I asked for my gratuity.
The company refused because it seems that the gratuity is payable on termination only, not on transfer within the same company.
The company asked me to sign a letter to waiver my gratuity in exchange for "years of seniority" in Germany of the same years that I served in Dubai.
Did I make a mistake when I signed that letter? Is this normal?
"Years of seniority" means nothing actually.

Jun 23, 2022
221
Legal blog
1 available 1 • View allAn 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
92308
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
103744
Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions 14
The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.
Jan 15, 1992
19124
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
26896

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Does the new property owner have to sign a new contract with the tenant? 3
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Cleaner's resignation with 30-day notice in incomplete contract 7
Hello,
Good afternoon!
My friend works as a cleaner for a cleaning company and she now wants to resign with a 30-day notice. However, she has not completed the two-year contract and has only served for 16 months.
Additionally, she has not taken any vacation leave. The sad part is that when she signed the offer letter, she did not receive a copy of it and only signed it.
I would be very grateful if you could let me know if she would have to pay or if her boss has the right to not accept the resignation if the notice period mentioned in the offer letter is more than a month.
Her boss has not provided her with any kind of proof that she can use in the future if anything happens.
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إثبات صورية شراكة كفيل إماراتي 1
السلام عليكم،
نحن شركة ذات مسؤولية محدودة ولدينا كفيل إماراتي صوري، ولكن بالرخصة التجارية هو شريك. هذا الكفيل صاحب أخلاق عالية ولا خوف منه ويعرف نفسه بأنه ليس بشريك فعلي.
السؤال: إذا، لا سمح الله، توفي فقد نخوض مشاكل قانونية مع عائلته، فما الحل القانوني الذي يمكن أن ننجزه معه الآن ضمانًا لحقوقنا مستقبلاً؟
Aug 16, 2022
489
العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية. هل يجوز ذلك؟ 2
السلام عليكم،
هل يحق للبنك في إمارة دبي أن يرفع دعوى جنائية أو مدنية ضد عميل لم يسدد مبالغ الفائدة بل سدد فقط المبالغ التي قدمها البنك أصليًا (مبلغ القرض فقط)؟
منحه البنك بطاقة ائتمانية بحجة أنه "قرض حسن بدون فوائد"، وبعدما استخدم العميل البطاقة الائتمانية بفترة زمنية قصيرة وفجأةً تم إرسال رسالة إلى العميل تفيد بأن هناك مبالغ متراكمة بسبب الفائدة البنكية بقيمة ٤٠٪ من القرض الأساس المُقدم إليه.
علمًا بأنه تم تزويد العميل بالبطاقة الائتمانية عن طريق البريد السريع لعنوان منزله بدون طلب رسمي من العميل بذلك، بالإضافة إلى أنه لا يوجد أي من المستندات التالية بين البنك والعميل:
١- عقد. ٢- اتفاقية. ٣- شيكات كضمان. ٤- سند أو شريعة أو قبول خطي أو غير خطي أو توثيق يتضمن أي توقيع من الأطراف؛ بمعنى آخر، لا يوجد أي اتفاق على الإطلاق.
العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية المضافة سالفة الذكر.
الرجاء الإفادة ولكم جزيل الشكر!
Aug 14, 2022
275
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