Questions & Answers
Questions & Answers
4 available 4 • View allTermination of employment for gross misconduct
16
Q: Hi,
I was terminated from my current job in Nakheel PJSC on 19-6-18.
In the termination letter, they mentioned the reason as "dismissed without notice for Gross Misconduct in accordance with employee regulations manual (Chapter C - Section 23) and as per UAE Labor Law Article 120" with immediate effects.
They also said verbally that the company will not pay me my end of service benefit amount. My question is, can the company hold this amount? Can I claim it legally from the company?
Please advise.
My no. is 050-8512412

Jun 26, 2018
8182
Termination of employment under Article 120 of UAE Labour Law
16
Q: Does article 120 of Labor Law in case of termination by employer cover the following situation:
An employee went on an emergency leave due to his Mother's hospitalization and after 45 days she passed away. When he came back to Dubai, his employer refused to pay the final settlement and forced him for cancellation.

Sep 13, 2017
24282
Terminating an employee due to misconduct



1
Q: Good morning,
I gave an employee a notice last week that we will be closing the position and I gave him a notice period of 3 months. The employee refused to sign the notice letter stating that he will read it and get back to us on Sunday this week.
In the letter, it is stated that he has to keep me informed of all activities regarding our business during the notice period. He must not make use of confidential information over the notice period as well.
The employee has not kept in contact with his activities regarding clients and, yesterday, he walked into our client's office and took copies of all our consignment stock agreements without informing me, the client sent me an email confirming this.
What action can I take against this employee?




Feb 4, 2020
2136
Terminating an employee without EOSB due to alleged misconduct: What to do?

2
Q: Dear Sir/Madam,
My employer sent me a termination letter stating that I cannot receive my end-of-service benefit (EOSB) because of misconduct I committed.
They claimed that I caused loss and damage to inventory. If I do not agree, they will file a police case against me.
They suspended me on October 2 and sent the termination letter on October 12. I have been working for them for more than three years.


Oct 16, 2023
114
Legal blog
2 available 2 • View allProvisions of Limited and Unlimited Labour Contracts in the UAE Labour Law 147
When an employee or employer mentions legal issues related to their labour relationship, the first question to be raised is: do you have a limited or unlimited labour contract? We try here to shed light on the relevant provisions of the limited and unlimited contracts in the UAE labour law pertaining to resignation, termination of employment, notice period and calculation of the end of service benefits.
Jan 5, 2019
83016
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
90406
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
103606
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
12403
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
26392

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Other answers by
26 26 answers •
View allThe rights of an employee who works for another employer upon terminating him 0
Hello sir,
We have an employee who was under probation period on a limited contract and with our company visa. The performance is poor and it is found that he is working for another company (his old work) while working with us.
So the management decided to terminate the contract. Apart from the salary, do we have to pay his ticket fare?
May 25, 2021
312
How long will it take to get settlement from a company? 0
As-salam Alaikum,
My labor execution case number is {.....}. Al Adheed center asked me to get back after 21 days. More than 21 days are completed, but they are still asking me to wait till June 01.
It is still in process. I need to know how long will it take to get my settlement from the company?
Kindly advise me!
Thanks & Regards,
May 9, 2021
1034
What is the required notice period for the landlord to evict the tenant? 0
I recently purchased a property in Springs which is rented till September. I need legal advice on the procedure to send an eviction notice to my tenant as I need to occupy the property for personal use.
As far as I read in the RERA legislation Page 108-110, Article (25) - Section - 2, if the landlord wants to occupy the property for personal use, 90 days notice is sufficient.
But the tenant insists to have a 12-month notice. What are my options and is it possible to send a legal notice to the tenant to vacate the premises at the end of the rent contract?
Kindly advise
Jun 15, 2022
3715
How to claim compensation from a developer for delay in handover 0
Greetings,
The property was supposed to be delivered in June 2018 and is still not delivered. If they actually deliver by June 2021, what are my rights to the compensation?
At the time of purchase, it was a 50-50 payment plan. I paid the 50% at the time of purchase and in September 2019 they came back to me with an offer of a discount of 16% in the final settlement amount.
I accepted and paid the remaining amount as well. Therefore as of September 2019, I have paid 100% of the property value.
With all the financial challenges the delay has brought me into, I want to know what compensation is my right as I am assuming they will not be offering anything or if they do they might offer some waiver in service charges (for 1 or 2 years).
And I am worried if they give this waiver of service charges to everyone, will the property be actually taken care of or no?
Apr 11, 2021
1277
Would a promotion offered with less salary be considered constructive dismissal? 0
Hello,
I am originally from the UK and relocated to Dubai in 2004 when my company established a new office.
I originally joined the same company in 2001, based in the London office. Since then, I have grown with the organization and am in a middle management role.
Recently, the company announced they would downsize the Dubai office, and affected staff would be offered to relocate back to an office in their home country (India) or to the new office being established in Spain.
I have been advised that my present role will be made redundant in Dubai but have been offered a new role in Spain. The new role is seen as a promotion but there are little to no benefits and it's a major drop in salary (basic salary would drop by 40%).
There are no additional allowances. Currently, I receive basic salary + allowances.
I have been in the UAE since 2004 and my options appear to be limited to accept redundancy or a new role with a significant drop in salary. Would this be considered constructive dismissal?
Apr 5, 2021
587

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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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