Questions & Answers
Questions & Answers
5 available 5 • View allClaim for the end of service benefits after termination for redundancy

0
Q: Dear Sir,
I worked for a consultancy firm in Dubai from October 2015 to September 2018. I have several questions:
1 - I moved to Morrocco in Jan 2018 with the approval of my employer, I kept working with my employer and recieving monthly salary payments up until the end of September 2018.
Then I received an email saying that I would be terminated due to economic reasons (I have the written proof as well as bank statements).
2- Upon my moving to Morocco, my salary was reduced from AED 21000 to AED 11000 without justification as to the reduction.
3- My employer refuses to pay my end of service as well as the salaries for September and October, as I have a 30-day leave notice which I have worked.
Is there any legal recourse or otherwise I can seize to solve the matter as the employer doesn't return my calls anymore and they do not reply to my emails.
Thanks in advance,
Amin Echcherradi


Dec 31, 2018
3564
Forcing the employee to accept a reduced salary

8
Q: My previous employer is a private company and I worked with them for 1 year and a half on an unlimited contract.
My previous employer has forced on me a salary reduction which I didn't agree to and no letter was signed.
Due to not agreeing to this salary reduction, I was forced to transfer almost half of my combined salary from months of Feb 2018 to June 2018 or else lose my job.
Afraid to lose my job and under this threat I had to transfer almost half of my salary to the employer. I want to claim back all the salary that was wrongfully taken from me.
I have bank statement proof that showed the amount that was transferred from my account to the employer in July 2018, and starting July 2018 payroll I was getting the reduced salary.
I also have my previous labour contract that states my monthly salary.
1- What are my options?
2- Would I be able to claim all the deducted salary if I provide the court with the evidence?


Jun 8, 2019
6665
Redundancy and constructive dismissal
3
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
Converting an unlimited contact to a limited one without the employee's knowledge
1
Q: Hi,
I am resigning from my company after working for 3 years. I signed another contract after the first 2 years were completed.
I was under the impression that the entire time my contract was unlimited but now I am being told that it was changed to limited.
Not only was this done without my knowledge but I am now being told that legally I am not entitled to ANY gratuity after 3 years because I am resigning before my 2 years is finished. Is this legal?

Sep 1, 2021
597
Go to Saudi Arabia for a company project or resign and pay visa expenses. What to do?




2
Q: Hi,
My visa was renewed four days ago in the same company. After the visa renewal, the company is demanding that I go to Saudi Arabia for a one-year project with a Saudi business visa.
However, I do not want to go to Saudi Arabia. The company is giving me only one choice: either I go to Saudi Arabia or resign and pay the expenses of the visa renewal.
What should I do?





May 15, 2024
78
Legal blog
3 available 3 • View allTermination Without a Valid Reason - What Can You Do? 12
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
5475
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
9054
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
90471
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
103611
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
12405
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
26415

Premium
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
750
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
1389
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
1510
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