Questions & Answers
Questions & Answers
7 available 7 • View allRedundancy 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
2386
Termination of employment under the UAE labour law
59
Q: Hi Sir,
Please, can you help me understand the following below?
I have been terminated from my company in Dubai. They had made me sign one letter on their Official Letterhead that they have terminated me and will be giving a grace period of one month. This was almost 1.5 months ago. After this now they have made me sign the Cancellation Letter for closing the Contract.
They are telling me they will be paying my basic salary and not be paying HR, is that ok by Law?
Also, they will be deducting the cost of the car and mobile SIM since the letter which they provided to me.
Please, can you help me understand the Law of termination in Dubai, so that if in any part they wrong I could take legal action if required?

Jul 8, 2017
51906
Rights of the employee upon receiving a redundancy termination letter
0
Q: Regarding limited-term contract termination by the employer, I would like to know the benefits; what will I get?
Currently, they sent me a termination letter saying that it is due to redundancy and mentioned that my last day of work is April 4, 2018.
My employment agreement mentions 1 month but my contract was a limited-term contract.
Advise me on this. Should I meet you to discuss it further?

Mar 11, 2018
742
Terminating an employee's limited contract due to poor performance



1
Q: Hi,
I am working on a 2-year limited contract in an LLC company, Abu Dhabi as a vehicle sales executive.
Now I have completed nineteen months in this company and my employer has given me a warning letter based on performance.
My question is: can the employer terminate me before the contract expiry? and if he terminates me based on performance, do I get three months' salary and get a labor ban in this case?
I hold a bachelor's degree.




Mar 6, 2020
2131
How to act with an employer negotiating terms for termination a limited contract
1
Q: Hi
Could you please give me an advice regarding my problem?
I was asked by my employer to stop work but they don’t want to terminate me. They want a settlement.
Because of money negotiations, the process of visa cancellation is pending.
I’ve done 8 months out of 3 years contract and my contract is limited and I finished my probationary period. What should I do?

Apr 5, 2021
426
Asking an employee to resign due to failure to meet his target

1
Q: Hello Maam /Sir,
Please advise on my case!
I was hired last April 6th, 2021 with a visa for a tourism company here in Dubai. I truly signed on both parties for my monthly salary amount of 2500. At the end of the month, I received 1000 as HR advice was to reach my target before I get my salary.
Unfortunately, I was not able to bring them the target as mandated monthly.
Today, my employer called me to his office and was angry due to sales target issues. In short, he was advising me to send my resignation and said that he will make my life a hell.
Now my question is: will it be possible to report absconding against me when I send my resignation to them?
Kindly be informed that my contract is a limited contract.
Please advise!


May 17, 2021
858
The rights of an employee who works for another employer upon terminating him
2
Q: 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
310
Legal blog
3 available 3 • View allHow to File an Employment Court Case in the UAE 35
An interview-format article covering the topic of filing an employment court case in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
May 10, 2021
11234
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
90235
عقد العمل في ظل قانون العمل الإماراتي 2
خضع تنظيم عقد العمل لتعديل وتحديث مستمر في الإمارات العربية المتحدة نظراً لأهميته في تنظيم العلاقة بين العامل وصاحب العمل ليعكس إراتيهما الفعلية ويلحظ كافة التفاصيل التي تبقي على التوازن في العلاقة العمالية. لذا يتوجب على كل من العامل وصاحب العمل البقاء على اطلاع دائم على التعديلات المتعلقة بهذا الشأن لتفادي أية عواقب ناجمة عن تصرفات قانونية معينة.
Nov 27, 2024
105
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
103590
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
26353

Premium
Other answers by
240 240 answers •
View allHow to change the lease contract for an entity that changed from sole establishment to LLC? 0
Good morning.
Kindly help me out with the below query:
If a sole establishment is converted into an LLC, what would happen to the existing Lease Agreement with the Sole Establishment as the tenant?
Thank you.
Aug 23, 2024
115
Bank filed a civil case over a loan: Better to settle with the bank or in court? 0
Good day, Sir,
I have received a message from the Dubai Court stating that a bank has filed a civil case against me. The loan has been pending since February 2019.
I cleared the cheque bounce case earlier with a court fine in 2019. I am looking forward to a minimum settlement plan with the bank. The outstanding amount was around 70,000 AED, and now the message is for 115,000 AED.
What will be the best way for me to proceed: approaching the bank or dealing with it in court?
Best regards,
Jul 7, 2024
521
Is it legal for my employer to withhold my salary until I leave the country or change status? 0
Hello,
I have given my notice, and my last day is July 24, but the employer is refusing to pay my salary; even the salary for June. Is this even legal?
He claims I'll get everything at once, which is after leaving the country or changing status.
Jul 2, 2024
529
Demanding that an employee pay for visa charges a year after resigning 0
Dear Lawyers,
I worked at a bakeshop here in Dubai. I resigned exactly one year ago. Now they want me to pay for visa charges, as stated in the offer letter.
If I cannot pay for the charges, my employer will claim financial loss due to the damages, estimated to be at least 7,000 AED.
What should I do about this? My monthly salary is only 2,800 AED.
Jul 1, 2024
115
Is an employee eligible for maternity leave in the first three months of pregnancy? 0
Dear Lawyers,
Is an employee eligible for maternity leave in the first three months of pregnancy?
If an employee takes sick leave in the first three months of pregnancy, can it be considered normal sick leave or maternity leave?
Jul 1, 2024
171

Other answers by
8 8 answers •
View allCancellation of an off-plan property while an SPA is not signed and the project is completed 0
I booked an off-payment plan in 2016 for a residential project in Dubai.
As per the booking form, the expected completion date of the project was Dec 2017. The project was completed recently in Feb 2021.
I paid 30%in installments and the remaining, 70%, is due for payment now at the time of handover.
I only signed the booking form in 2016. Neither developer initiated the reservation agreement and SPA nor I approached the developer till 2019.
I did not approach because I was not aware of any such documents. Due to significant project delays, I applied in Jan 2020 for a request of refund.
Afterward, I continuously followed up for the whole year. Now, they sent me the final notice that the project is completed and if I do not pay the remaining amount within a month, then my unit will be canceled.
I would like to ask:
Based on the above facts, what are my legal rights to claim a refund or compensation as I don’t sign the SPA and I already paid 30% of the amount to the developer?
Apr 18, 2021
1712
Non-competition clause and dues upon resigning for holding salaries 0
Dear Nadine,
I have recently resigned from my company based in Dubai due to non-payment of my salary for the last three months (Apr/May & Jun 2019).
I resigned on 11th June 2019 and served my notice period till 30th June 2019. My company requested to serve 30 days’ notice period which I refused to serve DUE to non-payment of salary.
Finally, I requested them to cancel my visa which is under process and soon it will get cancelled hopefully by this weekend. I have also requested them to pay my dues/others which include:
1) Salary for three months
2) 6 years gratuity
3) ALL of 10 days
As per my employment contract, an employee may not take up any employment directly or indirectly through a subcontractor with the client of the existing employer for a period of one year after the last day of the service period.
Under the above scenario, can I join my ex-employer – client directly or indirectly through a subcontractor?
Please advise.
Regards,
S. H.
Jul 2, 2019
542
Withdrawing a labor case to cancel a work visa 0
How to withdraw a labour case from the labour court?
What is the procedure to cancel the work visa? (the company is not ready to cancel my visa due to the labour case).
Jun 22, 2019
5758
كيفية التصرف عند إنهاء علاقة العمل عبر مكالمة هاتفية 0
مرحبًا،
في 17 يونيو عند الساعة الواحدة ظهرًا، تلقيت مكالمة هاتفية على رقمي الشخصي من ابن صاحب الشركة التي أعمل بها كمدير تنفيذي منذ 2009 ليخبرني أنه بسبب الوضع المالي السيء للشركة، فقد قررنا الاستغناء عن خدماتك.
وحتى هذه الساعة لم أستلم أي إخطار كتابي، ومازلت أمارس عملي كالمعتاد.
أرجو إفادتي بالمتوجب عمله حتى أحمي حقوقي المالية!
Jun 26, 2019
311
Immediate resignation without notice and its repercussions in the UAE 0
Good day,
In my situation, I've completed 6 years of counting including my joining date. My visa will expire in August but now I want to resign immediately/same day.
Can you advise me what I am going to do?
Thanks a lot.
Jun 23, 2019
5862
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