Questions & Answers
Questions & Answers
9 available 9 • View allClaiming passport from the employer after labour dispute
3
Q: Dear Respected Lawyers,
I am on management visa from Sharjah whose passport was denied by the employer after completing 13 months of service.
They told me passport can't be given until my client in Iraq settles a business transaction dues the company did. Feeling insulted, I resigned on June 20th 2018 and stopped going to the office waiting for my Iraqi client to visit the UAE.
Finally, the client came to Dubai on August 23rd and showed my employer his account where the client lost more than USD 700,000 because of the mismanagement of the project by the employer.
The employer left the meeting room saying I will never get my passport or visa cancelled. He told if ever I report it to the Labor Department, I will be put into trouble through his contacts with senior police officials.
Finally, I filed my labour complaint today for my Visa cancellation. Kindly advise whom should I approach at Sharjah Court to file a petition for getting back my Passport on an urgent basis.
Humbly requesting your valued positive advice and assistance.

Aug 27, 2018
1712
Request to release the passport in a labour dispute
1
Q: Dear Respected Lawyers,
I am on management visa from Sharjah whose passport was denied by the employer after completing 13 months of service.
They told me passport can't be given until my client in Iraq settles a business transaction dues the company did. Feeling insulted, I resigned on June 20th 2018 and stopped going to the office waiting for my Iraqi client to visit the UAE.
Finally, the client came to Dubai on August 23rd and showed my employer his account where the client lost more than USD 700,000 because of the mismanagement of the project by the employer.
The employer left the meeting room saying I will never get my passport or visa cancelled. He told if ever I report it to the Labor Department, I will be put into trouble through his contacts with senior police officials.
Finally, I filed my labour complaint today for my visa cancellation. Kindly advise whom should I approach at Sharjah Court to file a petition for getting back my passport on an urgent basis.
Humbly requesting your valued positive advice and assistance.

Sep 1, 2018
4328
Legal liability of the employee for unpaid invoices by clients
2
Q: My company is going to file a case against me for not getting payments from one of our customers as they are stating that this problem arose because of me.
My visa is already cancelled on April 21 and I want to know the after effects of this. Please help me to get rid out of this.

May 3, 2019
980
Can the employer deduct unpaid invoices by the employee's customer from his EOSB?
4
Q: Hi
I'm resigning from my current company. But I'm worried because there has been an incident regarding a payment from a customer some months ago.
The company is a leasing company. The incident involves a tenant who is working under a company that pays for his housing provided that all necessary docs are submitted to them.
One of the docs needed is Tawtheeq or the documented tenancy contract in AUH which has some errors/differences from his last year's Tawtheeq.
Due to that, the tenant's company refuses to pay our company the rent which is around 35000. My company is blaming me for this and they said that I should pay for the loss.
The tenant paid from his own pocket 20,000. So there is a difference of 15000.
Can they claim from me this amount once I resign?
Will I be obliged to pay it before they can cancel me?
Or have any grounds on filing a complaint against me?
What are the legal bearings of this if any?
I'm under Unlimited Contract started 10/01/21. It's my 1st contract with them but it is my 2nd job in the UAE.

Jul 6, 2021
632
Can an employer withhold employee's EOSB due to customer's non-payment?
1
Q: Dear sir/madam,
I have been working in a shipping company for 4+ years. I am in sales. My company gave me termination stating poor performance.
However, the company did not pay my salary since March. Now, they cannot clear my dues because a customer with whom I made a sales deal didn't pay the amount to the company.
The customer says that it is due to some cargo shortage. The customer should pay 200000 (two hundred thousand).
Can the employer hold an employee responsible for receivables and hold the end of service benefits and salary?
I am jobless and without money since June.
Can the employer hold an employee settlement?
I have a Jafza visa.

Oct 17, 2019
428
The company is holding my salary and asking me to pay losses, what can I do?
0
Q: Good morning.
Today the company had given the salary to my colleagues, however, mine was not given.
They are holding my salary. They want me to send an email to them that I agree to pay the loss of the company.
They are not mentioning how much it is, but I know that this is illegal, holding the salary of a worker.
What is the best thing I will do?
Please advise.
Thank you.

Mar 3, 2022
364
Unpaid debts at a former company led to a travel ban on an employee. What to do?


2
Q: Dear sir/madam,
When working at my previous company, during the final stages, court papers were being received from many suppliers due to unpaid debts.
As I was present at the company at that time, I received such papers and a court official took a photo of my ID.
Now, when I try to travel, it shows a travel ban and asks me to approach the court. I have also obtained a police clearance certificate.
Is there a chance to initiate a travel ban due to the above issue?
Please advise!



Jan 16, 2023
192
The consequences of resigning as a housekeeper in Sharjah's 4-star hotel


2
Q: Dear Sir/Madam,
I have been working as a housekeeper in a 4-star hotel in Sharjah for the past three months. However, I am not comfortable with the work and the environment.
Can I resign from my job? Would I have to pay any money if I resign? Would there be a chance of getting banned?
Also, I haven't received my Emirates ID yet, and my passport is with my employer.



Mar 22, 2023
134
Can my employer charge me with misconduct company refuse to cancel my visa upon resignation?


0
Q: My company is not giving clarity over my resignation on the last day of work.
They have charged me with misconduct for an internal email sent to concerned stakeholders and using that email as a tool to withhold my cancellation.



Apr 29, 2024
64
Legal blog
3 available 3 • View allBounced Cheques in the UAE: What You Need to Know in 2024 291
In the UAE, cheque bounce is a very frequent problem faced by people during their span in the country. It is covered under the purview of Commercial Transactions Law, and legal implications/penalties can be financially severe and daunting for more “serious” offenses. Bounced cheque issues may arise in a variety of commercial transactions, including but not limited to, companies’ exchanges, bank loans, property rents or purchases, and individual transactions.
Oct 15, 2024
221976
Laws and Procedures Related to the Dishonoring of Cheques 7
As the civil and commercial transactions in the UAE have been growing rapidly, and due to replacing cash with other financial instruments such as cheques for big amounts of money, this had caused some hiccups at times leading to criminal and civil consequences on the person who defaults on fulfilling obligations.
Feb 24, 2020
3035
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
90399
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
103604
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.
Sep 27, 2020
3530
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
26389

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Other answers by
34 34 answers •
View allWhat can you do to speed up the labour appeal judgement? 0
Dear All,
Please do let me know how long does the court of appeal take to make a judgement. Can a court of appeal reject the appeal submitted by the defendant?
I am looking for a good labour attorney, would appreciate it if you can give me your contact details.
Thank you and looking forward!
Mar 30, 2021
747
Calculation of gratuity when the current salary is not the same as the salary in the contract 0
My employer put my salary in the agreement as 800 AED since 2012 and still the same. But, my present salary is 2000 AED.
Q1: How they will pay my gratuity if I cancel my visa from the company? According to my agreement salary or my present salary?
Q2: If they hold my passport after canceling my visa, then what can I do?
Requesting your help in answering these 2 questions.
Mar 30, 2021
785
Filing a complaint against a company after withdrawing a job offer 0
I signed an offer letter and a copy of a contract in a company located in Dubai Design District.
I resigned from my current company located in Jebel Ali and will be ending my noticed period on April 4, 2021.
Now the new company is really unclear about when I can start joining them. If the company does not pursue my hiring, but I have already resigned and lost my job, are there any legal complaints and claims I can file?
Mar 31, 2021
1758
The consequences of changing the nationality of an ex-pat 0
I have a working visa in the UAE. I have decided to apply for an EU passport.
Once I receive it, I need to surrender my original passport to the consulate since my country does not allow dual nationality.
I will be informing my company HR about this. I would like to know:
1. Can the company terminate me since I have joined under a different nationality?
2. What will happen to my end-of-service benefits?
3. Do I have to undergo a medical test, get a new Emirates ID, update my bank accounts, phone registration, and other documentation?
4. Anything else to be done?
Mar 30, 2021
1388
The rights and obligations of a freelancer regarding gratuity and non-competition 0
Good afternoon.
The company terminated my unlimited full-time employment contract after 3 years, so not renewing my visa. I am working on my own visa now and continue as a freelancer.
But they want me to sign their freelance/consultancy agreement with a clause that I am not allowed to work for any of their competitors (but they don't provide me with a visa, medical, no benefits, even not giving me enough working hours).
1) Is it legal to ask a freelancer for this exclusivity?
2) How I can be a freelancer and not allowed to work for other companies?
3) What shall I do if I still want to continue working with them but need other jobs in other companies to have enough income to pay my bills?
4) Am I entitled to gratuity? Because they didn't mention it.
Thank you
Feb 21, 2021
1506
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