Questions & Answers
Questions & Answers
7 available 7 • View allResignation during the unpaid leave period due to COVID-19
2
Q: I am a manager in a UAE company, I have served 2 years on an unlimited contract. I have been instructed I am on unpaid leave for a 3-month period in light of the current situation.
The company is asking me to sign an annexe to my contract that I accept this unpaid leave period. If I do accept, can I still resign during this 3-month unpaid leave period if I get another job?

Apr 27, 2020
2289
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
571
Requesting staff to take unpaid leave as a result of Coronavirus outbreak

5
Q: Dubai companies are reassessing their staffing levels during the Covid 19 outbreak.
Is it legal to be asked to take unpaid leave?


Mar 24, 2020
1340
Claiming unpaid salaries during COVID-19 which are mentioned to be paid on WPS
0
Q: Hi.
Due to the COVID-19 crisis, I have been on unpaid leave since 14th March. I received half a salary for March and nothing since.
The unpaid leave was not mutually agreed and didn't sign any document to say that I agreed. The company basically just shut the office doors to all staff.
However, when on the MOHRE app in the WPS section, it says I have 0 payment pending for April and May.
Is there any way my employer would have been able to adjust my salary to 0 with the MOL without my consent?
Thanks

Jun 7, 2020
431
Can the company change the proportion of basic salary to gross salary?
2
Q: Dear Madam,
Our management has decided to change the salary structure where we used to pay 60% of Gross Salary as Basic Salary.
Now the management wants to change the basic salary of employees to 40% and the remaining amount to be included as other allowance.
There will not be any decrease in the salary but there will be a change in the basic salary percentage, is this allowed in the UAE (Our company is in Dubai, a mainland company, sole establishment)?
Is it legal to take this step?
If yes, then under which article can the change take place?
Do we need to settle gratuity based on the current basic salary and revise the contract or we can just change the basic as we are not reducing the gross salary?
Please advise.

Feb 21, 2022
1244
I want to resign and file a case against the employer for cutting down salaries

1
Q: Hi,
I am working as an Engineer in a free zone company in Studio City, Dubai, since 2019 till date. My visa is issued in Abu Dhabi.
From March 2020, they cut down my salary & issued a letter stating that my salary has been cut down from April-20 to Aug-20 by 25%.
But even after August 20, they did not only pay me my initial salary but my salary was cut down a lot more and irregular.
The total pending is about AED 95,000+ to be received to date. Also, the company did not pay for insurance renewal and I was forced to take my own medical insurance for myself & to sponsor my wife's visa & insurance.
I have decided to resign and cancel my visa immediately due to a new job offer.
Is it better to raise the case while on their visa or after changing their visa?
Within how many days should I raise a case after changing my visa and cancelling my work permit?
Kindly provide your opinion on how to proceed.
What are the chances that I get my pending salaries in full and gratuity?


Mar 2, 2022
377
Can we reduce the basic salary of an employee?

2
Q: Dear Sir/Madam,
Can we reduce the basic salary of an employee (UAE - MOHRE)?


Jan 27, 2024
235
Legal blog
4 available 4 • 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
8054
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
2233
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
394
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
90227
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
103588
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
26352

Other answers by
522 522 answers •
View allThe maximum notice period employers can put in the contract as per the new labor law 0
Our internal contract has a notice period of 3 months from both parties. In the new labor implementation, only one month's notice is required for less than 5 years of service.
Please advise if we can follow our internal contract since the position is very curtailed and the organization will not be able to replace the position within one month.
Sep 8, 2022
340
Annual leave salary calculation as per the new labor law 0
Dear sir/madam,
Annual leave salary calculation as per the new labor law.
Can you please clarify the correct annual leave salary rules?
Some say it is basic + HRA for the month you will take off, others say it is full salary, and somewhere I read it is basic + HRA (annual leave salary) plus the normal salary you get.
Can you please clarify?
Thanks for your valuable time and kind assistance!
Sep 7, 2022
2646
I want to dismiss an employee under article 120. Do I need to pay him the EOSB? 0
I want to dismiss an employee under article 120/44 of MOHRE labor law. I want to know if we need to pay him his complete end-of-service benefits.
Jul 26, 2022
361
What happens WPS system if my employer deposited less than my salary? 0
Dear Madam,
My salary is 5000 in WPS, but in June, my company deposited 1000 by mistake.
Is there any chance to rectify or deposit the 5000 dirhams again?
Jul 13, 2022
354
How to appeal the labor judgment if the court did not approve all my dues? 0
My employer has not paid my salary for 8.5 months. I went to the labor court, and was referred to Dubai Courts.
The judgment came and I did not receive the full claim including salaries and 3 months' compensation.
Please advise whether I can go for an appeal and what will be the time for execution.
Need your valuable advice.
Jul 9, 2022
387
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