Questions & Answers
Questions & Answers
5 available 5 • View allInability to return to the UAE due to COVID-19 and its impact on work contract
1
Q: Dear Madam,
I have worked for a company in Dubai on an unlimited contract since April 2019. At the end of March, I was sent home to Europe by my employer for my annual leave for the month of April.
I had a flight ticket to come back to Dubai on May 1st, which is now canceled by Emirates Airlines due to the COVID-19 pandemic. What are the consequences if I can not return back to Dubai for the month of May as planned?
Will it be legal for them not to pay my May salary, since it was the company’s decision to send me to annual leave during that pandemic?
Thank you for your advice!

Apr 18, 2020
391
Forcing 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
891
Application of Resolution 279 of 2020 on an employee serving the notice period
0
Q: Hello,
I have been working in a local group in Dubai for the last 13 years under an unlimited contract. Recently, they have terminated my position, I am now serving 3 months notice period as per labor contract (2 months already served, I am now in the 3rd and last month).
My employer has put me on a forced paid leave to adjust my notice period against leave days balance. I need some clarification of the below:
1. The employer is paying me a full salary for the 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 for 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?
Many Thanks!

Apr 2, 2020
397
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
574
Reducing salary and leave encashment upon resignation due to COVID-19
1
Q: I worked in an LLC company for 1 year and 4 months. After completing one year, I haven’t taken any leave or encashment of my 30 days leave with full pay.
During the Covid-19 pandemic, my employer reduced the salary without my approval, no contract was signed. There is no COVID impact in the client's place where I am working. They did not reduce my contract with my company while the employer still reduces it for 6 months.
I have resigned now. My employer dictates the amount on the final settlement. Indirectly, his saying is if you don’t take any leave, I will pay the full amount of your leaves and if you left the company, I will pay only basic salary.
Without a sign of approval, he reduced my salary.
Kindly advise me!

Nov 29, 2020
415
Legal blog
6 available 6 • 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
8067
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
2250
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
534
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
400
Coronavirus 101 for Businesses & Individuals in the UAE 0
An interview-format article covering the topic of COVID-19 in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 10, 2021
214
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
90469
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
103610
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
26414

Other answers by
36 36 answers •
View allContinuing work after the expiry of a limited contract without renewal 0
My limited contract has finished on 07 April and I'm still working and receiving my salary, however, my employer hasn't notified me yet about renewing the contract.
In case he does not renew my contract, am I entitled to receive compensation for not being given an earlier notice for non-renewal?
May 27, 2020
12117
Requirements of starting a platform for posting ads in Dubai 0
Greetings!
I will be running a website (blog-post + classified ads) from home, that provides services and posting ads, and it will accept membership in some countries that speak English.
I am located in Dubai. Since it requires a free subscription, I want to ask if I am obliged to register it as business anywhere to be legal, or if I do not register, I will be asked or arrested for running this website.
The website is under maintenance at the moment, it will be broadcasting after it is completed. Some points I am really concerned with:
1- Do I need a legal registration of the website as a business? If yes, can you help me find out how? If I register in one country - let's say UAE - will it be legal in other countries e.g UK, US?
2- GDPR is really critical point that we have to consider especially for websites that collect info from visitors if required. What are the major points that we have to focus on GDPR?
Kindly help me optimize my website to get rid of any unsuspected legal issue.
Regards
May 14, 2020
2648
Is it legal to give a post dated cheque against the final settlement? 0
I should have my final settlement on May 9 as my last day of work will be May 2nd. The company offered me to pay me in 2 payments.
A bank transfer was made in the 1st week of May and the second 50% in the 1st week of June by giving me a post-dated cheque.
The issue is I didn't plan to stay 1 more month as I should leave the country.
1- Is this legal to offer this kind of payment? What can I do?
2- If I have to stay, they have to pay my expenses (rent and bills) to stay one more month in the country?
Apr 27, 2020
1373
المقصود بحل الشركة ذات المسؤولية المحدودة وآلية ذلك 0
السلام عليكم،
ما المقصود بحل الشركة ذات المسؤولية المحدودة؟
وكيف يتم حلها؟
ومن له الحق أن يطالب بحل الشركة؟
Apr 28, 2020
5548
What to do with a labour case which is not moving forward 0
Hi,
When a case gets transferred from MoHRE to Dubai Courts for non-payment of FNF by an employer (accumulation of salaries), what happens there at the court in terms of process, proceedings, charges, cost of hiring a lawyer...etc?
In my case, I worked with a company and left them in April 2019; I have not received my dues till date. Have followed up multiple times; got a case raised as well but they still didn’t clear the amount.
It’s been a year almost and I'm very stressed out because of this.
Please advise, what can I do?
Thanks
S.
Apr 27, 2020
2785
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