Questions & Answers
Questions & Answers
8 available 8 • View allClaiming arbitrary dismissal after termination for economic reasons




1
Q: Hi,
I am working in a company situated in the free zone, and due to the economic crisis as mentioned in my termination letter, the company terminated me and gave me a 1 month notice period.
My contract was 3-year visa I finished my 2 years 4 months ago. In this situation, does the company need to pay me a 3-month salary with notice period salary?





Apr 5, 2020
800
Legal rights of the employee for termination during probation
18
Q: Dear Madam,
I have an unlimited contract with the employer and I have not completed the 6-month probation period. The company gave me a termination letter without any warning letter before.
1. If I get a job in some other company, will I get a labour ban or not?
Some people told me even if you have an unlimited contract, but your company terminated you under probation period. I must have completed 1 year to avoid the ban. Please advise me, what do I do?
2. The company gave me termination letter one day before my completion of the 6-month probation period.
My question is that I joined the company on 27 August 2017 and the company gave me the termination letter on 26 February 2018, but if I count the days then it is 184 days, while 6 month means 180 days. Please advise?
3. If 184 days are considered 6 months what are my rights? Can I demand the company to pay my settlement, air tickets and half year leave salary... etc?
The HR told me that under probation, the company do not pay me any benefits like back home tickets, gratuity...etc.

Mar 6, 2018
6183
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
1095
Housing allowance obligation of a terminated employee during COVID-19
0
Q: Under the Ministerial Resolution 279 of 2020, are the employers required to pay all allowances (housing, transportation, insurance) except for wages for employees that they terminate?
If so, for how long will they have to pay for this?
Until they cancel their visa, 30 days after cancellation of visa, as long as they are in the UAE or until the end of 2020?
What if the employee does not leave the UAE, but gets an investor visa within the 30 days of cancellation, will the Employer still be liable to pay allowances once the employee gets the investor visa since the employee has not left the UAE?

May 5, 2020
555
Claiming labour entitlements and notice period upon termination
3
Q: Hi Sir,
I was terminated on July 6, 2020, and the effective date is July 7, 2020, without prior rendering of the 1-month notice period and I have 1-month notice period as per my unlimited employment contract.
The reason is COVID-19 Pandemic and redundancy. I even requested my employer personally that If he will possibly still grant me to render the 1-month notice as per my contract, but my request has been denied.
By July 10, I fully accepted and acknowledged my Notice of Termination by replying to the mail and requesting to send me my settlement, and until then, I will sign all the documents needed from my side.
Am I still entitled to the 1-month notice salary even with or without rendering the said notice period because I was terminated?
Or In-exchange they will give me 45 days extension of my visa but they will not give me the 1-month notice salary?
Hope to hear from you soon.
Thank you.

Jul 12, 2020
426
Rights of the employee in case of termination during probation
2
Q: Can the employer cancel the visa of the employee under the probation period in a limited contract?

Dec 16, 2020
370
Terminating an employee during the probation period because of COVID-19 pandemic
1
Q: I am currently employed as a teacher in a private school in Dubai.
I am still working within my 6 month probation period. Due to Covid-19, we have to stay home if we have any Covid-like symptoms and take a PCR test before we are allowed to return to work.
Can my employer terminate my employment contract based on attendance even though any absence has been taken in line with the school and DHA guidance on Covid precautions?

Feb 2, 2021
385
Implications of resignation after being terminated and rehired on probation
1
Q: Hi
I worked for 9 years in a company and got cancelled for COVID-19 reason then after a month they rehired me. I have an unlimited contract.
Question 1: I am under probation period for 6 months and during the probation period I want to resign to get another job. Is there a ban?
Question 2: Is there a need to give a notice period?

Feb 4, 2021
834
Legal blog
5 available 5 • View allUAE 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
8075
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
2259
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
540
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
406
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
90740
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
103639
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
12408
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
26502

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
894
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
14645
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
714
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
1525

Other answers by
17 17 answers •
View allHow to expedite the process of sending a judgment issued in the UAE to another country? 0
Hello,
There was a bounced cheque case against me in Dubai in 2009-10. I won the case upon appeal in January 2020. I have been fighting extradition to Dubai since 2018 for the same case.
Even though, the case was won in January. Until today (December 2020), the authorities in my country of residence (Ukraine) haven't officially received the judgment from the UAE.
1.What steps can be taken to expedite this process?
2. What steps does a judgment go through before it is communicated to the country in which the extradition case is pending?
3. What is the normal time frame for this process and for the removal of the Interpol red notice against the accused?
Thanks and regards,
Dec 4, 2020
307
The scope of the Will in the UAE 0
Hello Sir
Good day.
Does Abu Dhabi Will cover immovable properties as per the wishes of a non-Muslim testator?
Oct 22, 2020
317
The developer failed to rectify the numerous leakages in the apartment, what to do? 0
Good afternoon,
I have purchased a property in Al Barsha (top floor). In spite of repeated reminders, the developer failed to rectify the leakages (numerous) in my apartment.
I had also notified this during DLP (Defect liability period). Can I refer my dispute to Rental Disputes Committee in Dubai Courts, even though there is an arbitration clause in the Sale and Purchase Agreement?
Appreciate your guidance on this.
Kind regards,
Kalpesh
Oct 21, 2020
571
The penalty applied when resigning before the expiry date of a limited contract 0
Dear Sir,
I am working with Jafza company as a product development manager under a limited contract.
Today, I am giving my 30 day-notice period against my contract. My contract will end by July 2021. I heard that I need to pay 45 days' salary to the company because of contract breaching.
I would like to know:
1) If I am giving an advance 30-day notice period, then why should I pay 45 days' salary to the company?
2) Currently, am I not doing my job as per Jafza attested contract?
3) After a year, the company changed my job profile without any amendment in Jafza attested contract?
I look forward to your valuable feedback.
Best Regards,
S.D
Sep 27, 2020
1348
Filing a divorce case in Dubai and having daughter stay under father's visa 0
Good morning Mr. Ghosh,
I am 52 years old.
I am working in Dubai and am a sponsor for my wife (49 years old) who stays with me as a housewife. I have a daughter as well (19 years old) staying with us.
Can I file a divorce case here in Dubai due to marital disharmony and mistrust? What is the procedure?
After the divorce, can my daughter stay here under my visa?
Sep 27, 2020
319
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