Questions & Answers
Questions & Answers
4 available 4 • View allApplying the UAE labor law to an employee working in a branch of a foreign company

1
Q: Dear All,
I have been working for an Indian based IT company for the last 7 years. In the last 3+ years, I was working in the UAE through their UAE branch. Now I have resigned for another job.
Which policy would be applied for my resignation?
Indian policy (90 days Notice Period) or UAE (Limited Contract)?
If the UAE policy is applicable, what would be the best option to serve 30 days notice period?
Regards,


Dec 12, 2019
515
Gratuity calculation in case of work for different branches of the same company
1
Q: In regards to the UAE Labor Law and the application of End of Service Gratuity, if an individual was employed by another branch of a company before transferring to an FZE branch UAE based employment contract, would that be considered continuous employment?
For example, the initial employment was in another Middle East location(s) within a European registered branch; however, all administration (HR / Management oversight) was conducted by FZE entity, after which, in acceptance of promotion, a relocation to the UAE and an FZE contract was entered.

Jun 1, 2017
3659
End of service gratuity calculation
34
Q: Hi there,
If you could please let me know how is End of Service gratuity calculated for resigning employee on unlimited employment contract in Dubai?

Jan 31, 2017
13386
How to file a case against my former company for unpaid salary I was not on their visa?




0
Q: Dear Legal Advice Middle East,
I hope you are well.
I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED.
However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid.
I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels.
This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship.
As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline.
Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.





+2
Apr 30, 2025
25
Legal blog
2 available 2 • View allAmendments to the UAE Company Law 2
An interview-format article covering the topic of the amendments to the company law in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
May 24, 2021
763
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
92670
Laws & Regulations
4 available 4 • 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
103762
Ministerial Decision No. (31) of 2018 Concerning Developing a New Employment System Under Part-Time Contracts 4
The Decision establishes a new employment system in the UAE allowing employers to recruit employees classified as skilled workers level 1 and 2 for a part-time job. Under this decision, skilled employees who are already employed elsewhere, can work with more than one employer under a part-time contract without the permission of any employer.
Jan 21, 2018
2478
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
12466
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
26967

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Dear Sir/Madam,
Does the existing tenancy contract between the tenant and the previous owner remain in force even after the new landlord has purchased the property in the middle of an ongoing lease?
And when should a new tenancy contract be made?
Should it be made immediately after the property has been sold, or at the end of the ongoing tenancy contract signed between the previous owner of the property and the tenant?
Also, does a new contract have to be in place for the tenant to exchange the cheques, or does the existing tenancy contract with the previous owner remain valid for the purpose of exchanging the cheques?
Apr 5, 2023
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Evicting an employee from school accommodation while a labor case is pending 2
Dear Sir/Madam,
I was wrongfully terminated by my school under Article 44 on March 20th, 2023. I have a case in the labor courts, and the first hearing is on April 4th, 2023.
However, my employer is asking me to vacate the school accommodation. I asked the Ministry of Labor and the courts, and they informed me that the school cannot evict me until the case is resolved.
Is this information correct?
I am currently unemployed and have nowhere else to go until I find another job.
Apr 3, 2023
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If I have a travel ban in KSA, can I travel to the UAE on a work visa? 10
Hi,
May you and your family be blessed.
I'm extremely tense and need your kind feedback on the following issue.
If I have a travel ban in KSA, can I travel to the UAE on a work visa?
I have been visiting Dubai on a tourist visa without any problems.
The ban was imposed because I had to leave KSA suddenly and could not return after an exit-entry, and I was unable to pay back my car EMI and credit card payment totaling 30k SAR, which I intend to pay off gradually now.
When I left KSA, they only had my fingerprints at the time. I also understand that while coming for a visit to Dubai, only a retinal scan is done.
On the other hand, when obtaining a work visa, UAE takes and registers fingerprints as well. Could this lead to any issues for me?
I have finally obtained a better-paying job after a long time and can finally save up to pay off my debts. The case registered for which the travel ban is imposed is only for SAR 16000.
As of now, I cannot afford to hire a lawyer to check in UAE.
Thank you for your help!
Mar 29, 2023
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Tenant's rights: Can my landlord evict me, raise my rent, and ban my pet? 1
Dear Sir/Madam,
My landlord wants to evict me from the property where I reside. They have not provided a court order for eviction within the past 12 months.
Additionally, they are requesting a 40% increase in rent and are insisting on a 6-month fixed-term renewal, despite the RERA index indicating no such increase.
Furthermore, they have included an unreasonable clause that prohibits pets, even though I have lived on the property with a pet for over three years.
What options do I have if I do not agree to these demands?
Mar 16, 2023
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What can a cheque signatory of company expect if a cheque he issued has bounced? 0
Dear Respected,
I have a travel ban on me and a case raised in Dubai Courts against the company. The reason is the company owner asked me to sign a cheque to a service provider and the cheque bounced.
I'm not a shareholder in the license. I'm not a partner in the license or elsewhere. I'm not a manager in the license or elsewhere.
I only hold a POA from the owner to assist him in opening a bank account while he was abroad and be the authorized signatory in the bank.
What should I do in this case?
Thank you respected.
Jan 4, 2023
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Can I travel with a non-paid telecom bill in the UAE if my visa is canceled? 3
Can I travel with a non-paid telecom bill in the UAE if my visa is canceled?
Feb 16, 2023
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Does the new property owner have to sign a new contract with the tenant? 3
Hi,
I'm a new landlord of the property which is already rented.
Kindly advise, do we have to sign a new tenancy contract with the tenant for the remaining period? And who will pay the cost of Ejari?
Feb 16, 2023
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Cleaner's resignation with 30-day notice in incomplete contract 7
Hello,
Good afternoon!
My friend works as a cleaner for a cleaning company and she now wants to resign with a 30-day notice. However, she has not completed the two-year contract and has only served for 16 months.
Additionally, she has not taken any vacation leave. The sad part is that when she signed the offer letter, she did not receive a copy of it and only signed it.
I would be very grateful if you could let me know if she would have to pay or if her boss has the right to not accept the resignation if the notice period mentioned in the offer letter is more than a month.
Her boss has not provided her with any kind of proof that she can use in the future if anything happens.
Feb 13, 2023
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إثبات صورية شراكة كفيل إماراتي 1
السلام عليكم،
نحن شركة ذات مسؤولية محدودة ولدينا كفيل إماراتي صوري، ولكن بالرخصة التجارية هو شريك. هذا الكفيل صاحب أخلاق عالية ولا خوف منه ويعرف نفسه بأنه ليس بشريك فعلي.
السؤال: إذا، لا سمح الله، توفي فقد نخوض مشاكل قانونية مع عائلته، فما الحل القانوني الذي يمكن أن ننجزه معه الآن ضمانًا لحقوقنا مستقبلاً؟
Aug 16, 2022
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العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية. هل يجوز ذلك؟ 2
السلام عليكم،
هل يحق للبنك في إمارة دبي أن يرفع دعوى جنائية أو مدنية ضد عميل لم يسدد مبالغ الفائدة بل سدد فقط المبالغ التي قدمها البنك أصليًا (مبلغ القرض فقط)؟
منحه البنك بطاقة ائتمانية بحجة أنه "قرض حسن بدون فوائد"، وبعدما استخدم العميل البطاقة الائتمانية بفترة زمنية قصيرة وفجأةً تم إرسال رسالة إلى العميل تفيد بأن هناك مبالغ متراكمة بسبب الفائدة البنكية بقيمة ٤٠٪ من القرض الأساس المُقدم إليه.
علمًا بأنه تم تزويد العميل بالبطاقة الائتمانية عن طريق البريد السريع لعنوان منزله بدون طلب رسمي من العميل بذلك، بالإضافة إلى أنه لا يوجد أي من المستندات التالية بين البنك والعميل:
١- عقد. ٢- اتفاقية. ٣- شيكات كضمان. ٤- سند أو شريعة أو قبول خطي أو غير خطي أو توثيق يتضمن أي توقيع من الأطراف؛ بمعنى آخر، لا يوجد أي اتفاق على الإطلاق.
العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية المضافة سالفة الذكر.
الرجاء الإفادة ولكم جزيل الشكر!
Aug 14, 2022
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Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 1
Hi,
I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building.
The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024.
One of the articles in the MoU states:
In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates.
I need help urgently.
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Absent repeatedly due to salary delays. Can the company terminate them without EOSB? 1
Dear Sir/Madam,
There is an employee who has been absent repeatedly. However, the company is not paying salaries on time, with regular delays in salary payments.
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If staff did not come back from vacation, after how long can we terminate him/her? 3
If staff did not come back from vacation, after how long can we terminate him/her?
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I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US? 0
I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US?
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How is the probation period calculated exactly from the date of signing the contract? 0
Regarding the probation period, when is the deadline for an employer to terminate me if the DOJ anniversary is Friday 2nd Feb?
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Jan 26, 2024
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How can I file for divorce in the UAE as an Indian Christian with a son, and ensure custody? 1
Hi, good morning,
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We are both Indians and Christians (non-Muslims). We have a son who is 8 years old now. Can you please let me know the divorce procedure if we want to proceed in the UAE, both with and without mutual consent?
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Thank you!
Aug 28, 2024
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How to transfer the shares of a company from his heirs to the partners? 0
A company is registered in a free zone (Dubai South) and had 4 shareholders.
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We have no idea who will be a successor after this old lady and these people will in fact never be interested to do anything with this company.
The company is financed and managed by only one shareholder, who is willing to continue.
What can be done in this scenario to keep this company and continue operations?
How to transfer the shares of the deceased shareholder (buyout, shares transfer)?
Is there any court procedure where if no one claims their rights after some time, the shares will automatically be transferred to the company itself or the third parties?
Thank you.
A.
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My flatmate took a video of my visitor in the toilet half naked without permission 1
My flatmate took a video of my visitor in the toilet half-naked without permission and shared it with another person, and accusing me of taking another nationality which is untrue.
What will be the cases to file a case?
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Retrieving a passport from a car impounded for driving without a license 1
Hi sir,
I drive a car in Ajman without a license. On a visit visa those days, Ajman police caught me and I forgot my passport and other belongings in the car.
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Please suggest me.
Thanks!
May 2, 2023
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What is the time limit to execute a judgment? 1
Dear Sir/Madam,
Time limit to execute a judgment.
I won a court case about 5 years ago. I still did not register an execution lawsuit.
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