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
784
Is it legal to reduce the salary and gratuity of an employee




2
Q: In the situation of the pandemic, my employer wants me to sign on reduced pay and calculating everything based on that like gratuity, unpaid leaves and notice period salary.
What can I do? Also, how much will be the legal fees to fight a case?





Apr 20, 2020
4499
Termination for redundancy and reduction of the last salary

1
Q: I have been working in a private company since September 2006. Recently they made my position redundant, I am now serving my notice period of three months.
I have accrued leave balance so the company forced me to go on leave in order to reduce no of days of leave, I accepted it to adjust my leave days balance against my notice period.
Further, based on the current climate amid Covid 19, can my employer further force me to accept a reduction in salary in the last month of my notice period?
How will this impact my end of service benefits?


Mar 31, 2020
633
Employee's rights when being terminated during COVID-19 outbreak



0
Q: I have been working as a training sales manager for more than 18 months now in a university under a free zone in Dubai.
My employer keeps threatening me that I will lose my job if no students enrolled for short courses within the COVID-19 impacts, however, I'm doing my job and others' jobs on a daily basis.
He is still not satisfied with the results and keeps threatening me every day, I don't know what should I do?
Also, I need to know my rights in case they decided to fire me as they said that they can fire me without any financial rights because of the current circumstances!
Please advice!




Apr 22, 2020
799
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
411
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
378
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
504
Terminating an employee after taking leave to take care of a Covid-infected niece


1
Q: Good day,
It has been only 8 months since I was working in a company and my employer has sent me the termination letter without any warning letter. My contract is limited and expires on 11/2021. The reason behind the termination was quraintain leave.
My sister and I leave in the same villa and my sister was Covid positive and my niece was negative. She requested me to take care of her daughter who is 1 year old.
I requested my company for leave but they did not agree and sent me the termination letter in 3 days and forced me to sign the document.
Also, my 1 month 7 days salary is pending.
Kindly advise me what steps can be taken? And what is the compensation that has to be claimed?



Sep 1, 2021
263
Legal blog
7 available 7 • 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
8059
Termination 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
5470
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
2237
Maternity Rights as per the UAE Labour Law 12
This Article explores the maternity rights envisaged under the UAE labour law [Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the 'Employment Law')] and also about the important points to be noted while availing the leave.
Nov 10, 2020
7593
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
533
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
395
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
90294
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
103597
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
12395
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
26370

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
410
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
341
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
460
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
364
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
275

Other answers by
305 305 answers •
View allالضمانات التي تحصل عليها شركة التمويل مقابل إعطاء قرض 0
حصلت على قرض شخصي وكريدت كارد من مؤسسة للتمويل بإجمالي ٥٠ ألف وتعثرت لفترة والآن يطالبونني بدفع مبلغ ٢٠٠ ألف درهم بالفوائد وكنت أعطيتهم شيك بقيمة ٤٢ ألف وقتها.
سؤالي:
هل يوجد سند لأمر داخل عقد القرض (الأبليكيشن) الخاص بالشركة التي وقعت معها في البداية؟
أم لا يملكون ضمانًا آخر يُمكِّنهم من مقاضاتي به سوى الشيك الذي أعطيته لهم فقط؟
مع جزيل الشكر!
May 19, 2021
485
تقديم دعوى ضد مقاول استلم دفعتين من المال وأوقف العمل 0
هناك مشكلة مع مقاول إذ اتفقنا على بناء ملحق داخل منزل خاص ووقعنا العقد واستلم أول دفعة.
اشتغل حسب العقد واستلم الدفعة الثانية وأوقف العمل ويرفض المواصلة. تبين لي بعدما حاولت أن أقدم شكوى ضده أنه يستخدم ختم وعقد لشركة منتهية في سنة 2013 ولا يوجد لديه أي ترخيص.
كيف أستطيع أن أشكوه وبنفس الوقت أواصل البناء؟
May 20, 2021
965
Can the wife file for maintenance in the UAE after judgement in home country? 0
My wife and I are non-Muslims. Divorce was settled in our home country court which decided that I am the custodian of the children and no alimony has to be paid to her.
Children are living with me here in the UAE. However, she still resides here in the UAE using a tourist visa. She is planning to file a Maintenance Case against me in the UAE Family Court.
Can she do that?
Am I obliged to pay her alimony?
Dec 7, 2020
1384
ماذا بعد الحصول على حكم في قضية عمالية؟ 0
فصلتني الشركة فصلاً تعسفيًا وقمت بمقاضاة الشركة والحمد لله حصلت على حكم بمستحقاتي المالية من رواتب متأخرة ومكافأة نهاية الخدمة.
تقدمت بطلب تنفيذ ولم تدفع الشركة لي أي مبالغ حتى الآن!
ما الخطوة الواجب فعلها في هذه الحالة؟
Oct 8, 2020
557
Cancellation of an off-plan property and seeking refund 0
Hello
I bought an off-plan apartment with a developer, paid half and the other half was supposed to be paid on receiving the apartment which was supposed to be received end of 2019.
But they postponed it till March 2020, and now the project is way behind and no improvement at all as I'm in phase 2 and they are still building phase one.
What can I do to get my money back?
Sep 26, 2020
674
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