Questions & Answers
Questions & Answers
10 available 10 • View allRedundancy and constructive dismissal
Q: Hello there,
I have been informed by my employer for 34 months, that my position is no longer required in our Dubai free zone office.
I was employed in 2014 to take up a Dubai-based position and I was informed that I would be taking over a Middle East Director in two years.
They have asked that I relocate to the UK in 3 months to take up the same position, they have given me 1 week to accept this offer.
Given that there is no mobility clause in my employment contract and offer letter, would I be within my right to refuse this offer on the grounds that it is unreasonable as we now know that it would take us (a family of 4 with 2 children) longer than 3 months to plan and move the family back to the UK?
What rights do I have if my employer were to make my position redundant, would I have grounds to sue for constructive dismissal as my performance has never been in question?
Jul 3, 2017
2388
Claiming benefits for termination without a valid reason
Q: I am working in the HR department in one of the private companies for the last 12 years. Last week I received a redundancy letter from the HR manager terminating me for reducing people.
However, the actual reason is something else. I have sent an email to our company helpline on the HR manager and complained about him, and he came to know that I have sent an email to the senior manager.
It was only me who got this letter from the HR department. Now, they got a replacement for my position.
Can I file a complaint against the company in the labour court?
Please advise.
Jan 7, 2018
5790
Dismissal of an employee for unsatisfactory performance
Q: The company I have worked at for over 3 years terminated my contract alleging that the company forecast is not famous, as the clients are not awarding us new jobs.
The reason is not related to my work nor my performance. Never had any negative feedback nor complaints whatsoever from the company.
In your opinion, can my dismissal be considered arbitrary?
Sep 19, 2017
995
Employee's entitlements upon termination of a limited contract
Q: Dear Sir,
If an employee did not complete his contract (for two years) and served only for 10 months, is he eligible for leave salary and indemnity?
Mar 15, 2018
922
Termination of employment contract for unsatisfactory performance
Q: Dear Sir/Madam
I am a Relationship Manager In a bank in Dubai.
My employer has terminated my services (discontinuation of services) with reason as unsatisfactory performance during 2017.
They have given me 30 days' notice period and have mentioned in the letter that I am exempted from attending office during the notice period.
I seek your valuable advice, can I claim 3 months' full salary for my such termination where it was done all of sudden without alerting me with warning letters.
Also if you can advise me how to file a case against the employer in order to claim 3 months' salary.
Thanks and regards
Jun 25, 2019
6807
Arbitrary termination of a limited contract and rights of the employee
Q: Hi,
My employer terminated my fixed term contract (which also has a 30 day notice period).
They are ignoring all communication and refusing to pay the outstanding salary and end of service (3 months).
They said if this goes to court they will claim financial hardship however the company is still trading.
Any advice on options or entitlements? The claim amount is over AED 200k.
Jun 18, 2018
2153
Employee rights upon termination of a limited employment contract
Q: Labor Rights Query - Termination without a valid reason
Dear Sir/Mam,
I was recently terminated by my company where I had worked for 2 years and 8 months under renewed limited contract (2-year term).
There was no sort of prior warning letter or verbal communication regarding the termination. I have my labour contract due until November 2019.
The company handed me a renewal letter of our internal contract back on July 25th 2017, for a term period of 1 year.
Also, the termination letter which was handed over to me on June 21st 2018 had stated “Non-Renewal of Contract”.
The notice period was until 24th July 2018. Right now I am waiting for my visa cancellation paper & full final settlement papers to come.
I wanted to know If I am eligible for three months compensation and other benefits under arbitrary termination provisions (if this case comes under that).
Thanks & Regards
Sujit
Aug 8, 2018
720
Termination for refusing to change position in company
Q: I was informed on the 20th that if I did not take another position in my company, a position that I am not qualified for and also not comfortable with, my employer would have no choice but to make my position redundant. This was sent to me over a WhatsApp message.
On the 23rd, my employer gave me an official letter of termination saying that the company is now making financial cutbacks and that my position is a part of the reduction.
I was appointed as an operations manager and there are actually 2 of us who work in the company, however, I am the only person who is being terminated.
There is no record of disciplinary action against me either for the entire duration of my employment.
I had asked that my employer to amend the termination letter stipulating that he is making my position redundant, to which they refused.
What is the best way forward?
Sep 23, 2018
1365
Termination for redundancy and gratuity payment via PDC
Q: Dear Mr Hari,
I would like to ask your advice.
I have got a termination of my employment (unlimited contract) due to redundancy on September 2017 (a year ago).
Since my son is under my sponsorship & studying in a Dubai school, I have requested to not cancel the visa until it expires itself.
The company agreed to it due to the bad financial situation and inability to pay right away my "end of service" benefits.
Every 2-3 months they were paying some amounts of the annual leave & annual tickets.
My employment visa was cancelled completely in October 2018, and again due to bad financial situation the company was not able to pay the gratuity right away, so they provided the PDC.
Dec 12, 2018
1549
Harassment by the employer for submitting maternity leave
Q: I told my employer I was pregnant (I have been with the company for nearly 3 years).
My boss told me not to return after the baby is born and also said that I should leave before my maternity leave. I told them it's my right to stay/choose.
Since that day my boss has harassed and bullied me at work. I raised a formal complaint against him.
However, the company are supporting him saying it never happened as they don't want to be liable.
I am now signed off work sick because of the abuse/treatment at work that ended up with me nearly having a miscarriage.
If I resign, I lose my 3 years EOSB, my medical and visa. But if I stay, I am subjected to daily harassment.
What legal rights to do I have?
Nov 25, 2019
776
Legal blog
3 available 3 • View allProvisions of Limited and Unlimited Labour Contracts in the UAE Labour Law
When an employee or employer mentions legal issues related to their labour relationship, the first question to be raised is: do you have a limited or unlimited labour contract? We try here to shed light on the relevant provisions of the limited and unlimited contracts in the UAE labour law pertaining to resignation, termination of employment, notice period and calculation of the end of service benefits.
Jan 5, 2019
83026
Termination Without a Valid Reason - What Can You Do?
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
5476
An Overview of the New UAE Labor Law and Recent Amendments of 2024
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
90491
Laws & Regulations
3 available 3 • View allFederal Law No. (8) of 1980 Concerning the Regulation of Labor Relations
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
103612
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations
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
12405
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations
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
26422
Premium
Other answers by
342 342 answers •
View allHow can I vacate my tenant if the rental agreement ends before the eviction notice deadline?
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
Thank you.
May 1, 2024
272
How can I reach a settlement with the bank for a mortgage of a jointly owned property?
I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage.
As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine.
In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this.
I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property.
I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?
Oct 4, 2022
290
The procedures for filing for divorce on mutual consent
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
683
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation?
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1281
Can a real estate agency hold a percentage of a property sale until transfer is done?
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1274
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