Questions & Answers
Questions & Answers
8 available 8 • View allEmployer's refusal to pay end of service benefits

62
Q: Good Morning!
I'm writing to you in hopes of any help you can give me. I'm a single mom and sole provider of my family back home. Last Feb 15, 2017 I was terminated. Now, my former employer is blackmailing me for them not to pay me any of my end of service benefits.
I have not received any end of service benefits and they are not being cooperative and they are threatening me with police prosecution. I am begging for any help you can extend. Even legal advice on my situation will be dearly appreciated. Please. I need help. I am appealing to anyone in your office to please help.
Thank you for taking the time to read this.


May 17, 2017
19681
Labour complaint and liability of the employer
5
Q: My husband filed a labor complaint in court and the demand was 200,000 AED including the delayed salary (6months)+gratuity+reimbursement claim for medical insurance under company + immigration fine due to the failure of renewing his visa.
The court judgment is only 46,000 and his salary as per contract is 9,000 while the current salary where most of the delays were made is 12,000 AED.
What is the basis of judgement in your opinion? Did they base it on BASIC SALARY for the delayed + gratuity? Do we need to appeal against the court decision, because we are afraid that we might lose even this money as we cannot afford to hire a lawyer?
Moreover, we paid the immigration fine of 10,000 AED from our pocket as they said it has nothing to do with the case. Can you please enlighten because of what his company did to us lead us to lending money and we are expecting at least to get the 6 months full salary + gratuity and the fines that we pay for overstay due to this company.

Aug 9, 2017
2132
Calculation of the end of service benefits upon resignation
8
Q: Dear Sir,
I am working in a Hospital as a Registered Nurse from 11.05.2014.
My first two labour contracts were unlimited labour contract and after finishing the second contract term, the hospital management renewed the labour contract with a new limited labour contract.
I have resigned from the hospital now and I am in the 2 months notice period as per contract. I like to know about the calculation of my gratuity amount.
As per the hospital management, they calculate the gratuity as 14 days x 4 years (for the completed unlimited contract period).
Whereas I have completed total 5 years and 4 months period in total with the hospital (4 years with unlimited contract and 1 year and 2 months with limited contract).
Kindly confirm this gratuity calculation is correct as per the UAE labour law.
Also, the hospital management asked me to pay a two-months full salary as a penalty since I am resigning without completing the limited contract.
I am awaiting your valued reply.

Aug 8, 2019
7695
How to claim dues from a European company which has a subsidiary in the UAE?



1
Q: Dear all,
I was hired as GM for a company in Dubaï which is a subsidiary of a European Holding. For 3 months, I did not receive my salary. The local company (LLC) is about to close with no more assets & no local funds.
We used to receive funds from this holding to pay all local expenses. My company doesn't want to terminate my contract even they invoke that I am not working.
Indeed, they removed from me the business car, the professional phone number, and the professional email without notice. The local sponsor and the director of the holding are the only ones mentioned as managers & shareholders on the trade license.
Any chance to get my salaries + gratuities? Should I send a letter of resignation then and cancel my visa if the local sponsor accepts?
What are the legal consequences for both sides?
According to my employment contract, I should have 3 months' notice period for termination. In case of an "act of negligence", they can terminate my contract immediately (no notice period).
Waiting for your advice,
Thanks!




May 19, 2021
288
The calculation of gratuity after 7 years in an unlimited contract
1
Q: Hi,
For an employee who has finished 7 years, the gratuity would be calculated on 30 days' basic pay, or would it be 21 days for the first 5 years and subsequently to be taken as 30 days after 5 years or more?
The above query is based on the fact that the employee is on an unlimited contract.
It would be very kind if you could clarify in compliance with the UAE labor law.
Many Thanks!

May 27, 2021
757
The eligibility for a renewable retirement visa
1
Q: Hi,
I need to know the eligibility and process of obtaining a retiree visa for someone who got retired after working for 15 years at a reputable organization in Dubai.
He has a real estate investment in Dubai worth over AED 3 million.
Appreciate it if all the details along with the cost are passed on to decide about it.
Thanks and regards,

Sep 5, 2021
252
Is it possible to apply the old labor law while a new labor law is issued?

1
Q: Dear sir/madam,
Does an employer have the right to calculate the end of service money by applying the old labor law (considering only 7 days for 1st-year completion)?
I have resigned from my job after completing one year, 4 months, and I understand that according to the new labor law, the end of service money should be paid 21 days of the full salary (not basic).
How can I protect my entitlement?
Could you please advise on this regard?


Feb 24, 2022
263
Calculating gratuity upon converting from unlimited to limited-term labor contracts

1
Q: Dear Sir/Madam,
Since the UAE required all existing unlimited-term labor contracts to be converted to limited-term contracts, on which one (unlimited or limited) must the calculation of gratuity be based?


Apr 26, 2023
91
Legal blog
4 available 4 • View allRecent Amendments to the UAE Labour Regulations 24
Three new ministerial decrees containing a new set of rules for the labour market were issued by the UAE Ministry of Labour last year and came into force on the 1st of January this year. The decrees are expected to alter the contractual relationship between employers and workers in the UAE.
Apr 19, 2016
30990
Is a Barter Gratuity Possible in the UAE? 8
Issue: An employee resigned from the job after working for 5 years, and signs a letter addressed to the employer that he wants his gratuity to be paid only after his customer pays the employer. Therefore, has the employer defaulted for End of Service (EOS) payment under the UAE Labour Law?
Oct 5, 2017
9035
A Brief on the End of Service Gratuity Laws in the UAE 28
The UAE has mainly the 3 sectors which have their employment laws, like the laws of companies under MOHRE (governed by Federal Law no. (8) of 1980 Labour Law, Domestic works govern under Federal Law no. (10) of 2017 On Domestic Workers and Free Zone companies governed by their specific employment laws.
Feb 6, 2020
23620
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
90194
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
103587
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
12393
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
26347

Other answers by
10 10 answers •
View allWorking beyond the notice period specified in the contract 0
I am currently working for a free zone company in DAFZA. The job is not going well for me and I would like to leave. I signed a three-year contract and it has been nine months so far.
My contract states that I need to give one month notice but my employer wants me to stay for two months. He says it is company policy not to accept the breach of contract compensation, hence I must serve two months without pay.
I am supposed to pay him for three months half pay, and he is refusing to allow me to pay that and serve one month notice. I am even thinking of just absconding and going back to my country. Will I get a labour ban and immigration ban?
I received an offer from one of our clients as well, but my contract has a non-competition clause. Does this apply, given that the two companies are in different industries, one is a supplier of products and the other is a consultancy service provider?
I am considering going back to my home country as my employer is being unreasonable on the 2 months notice.
Jan 2, 2018
1626
Drafting referral agreement to guarantee the payment of commission 0
Dear Sir/ Madam,
I am Sammy based in Nairobi, Kenya and I'm about to deal with an electric company in Dubai. I want to provide the company with business and in return, I get my commission from them after the deal is done.
My issue is that we may have an email agreement with them, but later after the business is done they may evade from sending me my commission. I need a letter whereby I and the company sign it as an agreement to avoid nonpayment.
Please help.
Regards
Dec 19, 2017
1496
Filing a bounced cheque case against a debtor 0
Dear Sir/Madam,
Greetings for the day.
I have given AED 150,000 to a known person (who is dealing with flat lease), on his emergency situation.
He said he will pay the amount in 3 months. As a security, I took the whole amount in cheque. Apart from that, he had given 3 cheques total for AED 36000 for 3 months.
After a month he left the country and didn't come back for 6 months.
Now, its been 8 months without giving me any amount and now he is here in Dubai. So, I contacted him for the money, and he told me "I don't have money, do whatever you want".
So, I thought of going in a legal way, where I deposited all the cheques of AED 186,000 and it got bounced today.
Please guide me through the legal process, and what is the chance of getting my money back?
Now, I am seriously in a very bad situation. I am about to lose my future in the UAE because of this issue.
Please help me out.
Warm Regards,
Dinesh
Dec 21, 2017
2301
Refund of money paid for purchasing a beauty salon that never happened 0
Hi,
We are planning to buy a beauty salon and we have given the owner a deposit of AED 20k. After a week he asked for another AED 50k as he has dues that need to be settled with the landlord.
He gave us a cheque for AED 50k which bounced because the account has been closed a long time back as per the bank. It’s been 49 days and the transfer is not done yet. Can we file a civil case and ask for moral damage as we lost a lot of money since the business is not operating yet? Can we still get our AED 70k that we had given to him?
Dec 17, 2017
333
The employee's rights upon resignation from a government entity 0
I worked for a Federal Government entity in the UAE; this entity was created by special decree so it doesn’t have a normal trade license or Labour contracts from MOL. Instead, we have signed employment contract which states it is governed by Labour Law of 1980, other federal laws and will be in the jurisdiction of Abu Dhabi.
My employment visa is from the emirate of Dubai as the entity also had a branch in Dubai. I recently resigned from my job serving 3-month notice as mandated by the HR policy. My resignation got accepted within a day and I was advised that this day would be last working day, and my notice period has been waived off.
I was just short by 15 days in completing 3 years of my service, and I had planned by cash flows assuming I would be getting paid for the next 3 months. Now, I am in a very bad situation as the employer is insisting I am not legally entitled to 3 months pay.
I need your urgent advice on the matter as the Labour Ministry cannot get involved due to the absence of labour contract.
Dec 14, 2017
2141
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