Questions & Answers
Questions & Answers
7 available 7 • View allResignation for the non-payment of salary and absconding counterclaim
9
Q: Dear Sir/Madam
I am writing this question because my employer has put absconding complaint upon us, We are not getting the salary for the last six (6) months.
I have sent an email for resignation, and after completing the duration my manager called and said we have accepted your resignation.
After this, the company owner has put an absconding case.
Please advise us, what will I do?
Farhan

Apr 19, 2018
2106
Guaranteeing pending salaries and rights at the end of labour contract
0
Q: Hi,
I am Z. A.
My employer is not paying my salary for 3 months now plus another pending amount, and my contract is expiring on 8th May 2019.
I got an offer letter from another company and I resigned from my job.
My query is if my employer does not cancel me after one month or if he does not pay all my dues, what should I do to get cancelled and get my dues paid without losing the new job offer?
Please help me out.
Best Regards,
Z. A.

Apr 23, 2019
746
Resignation because of delaying salary and deducting visa costs in that case
5
Q: Dear Sir,
I am working in an engineering company in the UAE. The company is not paying the salary in time; there is a delay of 2 months.
My joining date is April 2019. I resigned and asked them to release me by 10th November by giving a notice of 21 days. (resigned in the 7th month).
In my offer letter, it is written that if I resign within 1 year, I have to bear the visa and ticket costs. Since I am resigning due to a salary delay of 2 months, can I claim that I should not be deducted the amount of Visa and tickets?
Kindly clarify!

Nov 7, 2019
335
إنهاء عقد عمل محدد المدة بسبب رفض الموظف خفض راتبه

1
س: تم إنهاء عقد عمل مُحدد المدة بعد فترة عمل لمدة عام ونصف، وذلك بسبب خصومات 50% من الراتب الشهري بدون موافقة كتابية مني، فتقدمت بإيميل رسمي لرفض الخصم ولكن لم يرد عليّ مدير الموارد البشرية فاضطررت للبحث عن عمل آخر.
تقدمت بشكوى عمالية ثم أرسلت إيميل رسمي لمدير الموارد البشرية بعدم الرغبة في استكمال عقد العمل محدد المدة وذلك بسبب خصم 50% من الراتب بدون موافقة كتابية مني.
السؤال الآن:
كيف يتم احتساب بدل الأجازة السنوية عن تلك الفترة؟
هل لي مكافأة نهاية خدمة عن مدة خدمتي عام ونصف أم لا؟
هل يمكن للشركة أن تعطيني حرمان مع العمل إذ أنني أعمل طبيبة؟
احتسب مدير الموارد البشرية بالمستشفى إيملي بعد الرغبة في استكمال عقد العمل بسبب الخصومات باعتباره استقالة من جانبي وحسب المستحقات المالية كالتالي:
- عدم احتساب مكافأة نهاية خدمة.
- تم خصم 45 يوم من مستحقاتي المالية.
ولذلك رفضت التسوية وقمت بإحالة دعوى للقضاء.
ولكن سؤالي الأخير:
هل القانون في صفي إذ أنني قدمت طلب بعدم الرغبة في استكمال عقد العمل بسبب إخلال صاحب العمل بالتزاماته التعاقدية وخصم 50% من الراتب بدون وجه حق وبدون موافقة كتابية؟


May 27, 2021
490
The current employer delays the salaries. How to leave and join a new employer?
1
Q: Hello ma'am,
I am working in a private company in Dubai. My contract is unlimited and my service is 4years 10 months. My employer doesn’t pay salary regularly. There is always a delay.
If I ask them, they pay only partial money in cash and the balance amount will adjust in the next payment. This process was started during Covid from Jan 2020 and till today they are continuing the same.
Because of such process, my salary got accumulated and it is outstanding. When I check with the employer to clear my dues, they give false promises that they will settle in a week's time.
I decided to put resignation and get a new job offer. The employer wants 30 days' notice but the new company said they will not wait for 30 days and need me to join within 15 days.
Kindly advise as I don’t want to lose my new job offer and, at the same time, my pending salaries and settlement.
Thanks!

Dec 19, 2021
716
Employer filed absconding case for resigning over unpaid salary: Is it legal?

2
Q: Hey,
My employer filed an absconding case against me on September 4, 2023, during my notice period, which ended on September 7, 2023.
However, I stopped going to work on August 11, 2023, because I had not received my salary for July, while the rest of the team had been paid.
I sent an email to HR explaining that I could not get to work due to transportation problems, and they replied asking me to send all handovers by email and promised to send my final settlement, which I received two days ago.
My last day of work is listed as August 11, 2023, and the reason for leaving the company is listed as RESIGNED, both of which are correct.
Is it legal to file an absconding case against an employee who resigned and stopped going to work because the employer has not paid their salary?
I have not yet been paid for July.


Sep 26, 2023
150
Absent repeatedly due to salary delays. Can the company terminate them without EOSB?




1
Q: Dear Sir/Madam,
There is an employee who has been absent repeatedly. However, the company is not paying salaries on time, with regular delays in salary payments.
Can the company terminate the employee without end-of-service or notice period compensation if the employee cites occasional salary delays as the reason for their absences?





+2
Jun 4, 2024
161
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
90245
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
103592
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
26354

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