Questions & Answers
Questions & Answers
3 available 3 • View allMaking an employee redundant and offering his position to a colleague
1
Q: My position was made redundant on 1 April 2020. The company stated restructuring as a reason for that. I was given a termination letter along with 4 other colleagues being made redundant from their positions.
Meanwhile, one of the 4 colleagues whose position was made redundant has been offered and accepted my position (nearly the same job title) with a higher salary than mine. I served 30 days' notice. The last working day was 1 May.
Considering the above, do I have legal grounds to file a claim for an arbitrary dismissal?
Regards,

Jun 17, 2020
465
Would a promotion offered with less salary be considered constructive dismissal?


1
Q: 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
588
Can the employer terminate an employee without a valid reason?
5
Q: Hi,
I worked with a company for 2 years and 8 months under an unlimited contract. I was dismissed with a 1-month notice, however, there were no warning letters.
I assume I am being laid off because of the current market condition. I would like to confirm if I am entitled to my gratuity as well as 3 months salary.
I have a loan and this would be helpful in closing out the loan and relocating back to my home country.
Appreciate your advice.

Mar 4, 2021
1445
Legal blog
2 available 2 • 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
5476
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
90492
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
103612
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
26422

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326 326 answers •
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Dear sir/madam,
I had signed a labor contract with the Ministry of Labour which had no "non-compete" clause.
Now, I want to leave the company, but my employer wants me to sign the "non-compete" clause in the termination contract.
In this case, is the non-compete clause applicable or not?
Oct 19, 2022
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Max deduction for severance pay due to damage/negligence in UAE 0
Dear Questioner,
In the UAE, is there a maximum amount an employer can deduct from an employee's severance pay due to damage/negligence?
Apr 26, 2023
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Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 0
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.
Sep 16, 2024
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ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى؟ 0
صباح الخير،
ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى في حال كون المدَّعِي (فرد) والمدَّعَى عليه (شركة) في الإمارات؟
شكرًا!
Jan 13, 2022
745
استحقاق المحامي نسبة من الفائدة القانونية رغم إبرام عقد سنوي بمبلغ مقطوع 0
السلام عليكم،
اتفقت الشركة مع مكتب محاماة على عقد سنوي بمبلغ مقطوع بالإضافة إلى نسبة من المبلغ الذي يتم تحصيله من القضايا.
هل يستحق المحامي نسبة من الفائدة القانونية المقضي بها حكمًا؟
Apr 27, 2022
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View allCan a Muslim man marry a Muslim woman in the UAE law? 0
Can a Muslim man marry a Muslim woman in the UAE law?
Dec 27, 2022
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How to know the reason for rejecting the police clearance certificate? 0
In case of police clearance certificate rejection, do the police give a reason for rejection?
Apr 24, 2023
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Can I cancel my house sale contract without extra fees after personal plans changed? 0
Dear Lawyers,
I signed a Form F with a buyer for the sale of my house as we were planning to leave the country. The contract was signed about a month ago, but the handover is not until August.
Due to personal circumstances changing, we are no longer leaving Dubai and would like to cancel Form F.
The Form F contract stipulates that we have to pay the buyer 10% of the purchase value. The real estate agent is now claiming that we also have to pay the buyer's real estate commission and the conveyancing fee.
Our understanding is that the 10% penalty is the only penalty. Which is correct, and what are the next steps to dispute this?
Also, is there any way to dispute the 10% itself under the law due to personal circumstances changing?
Jul 12, 2024
571
Can the landlord evict me from apartment for personal use if he lives in his own property? 0
The owner sent me a notice by email saying that he doesn't want to renew the contract for the purpose of personal use.
He didn't mention what this personal use means. He already has multiple houses for rent and he has his own which he is living in currently.
Is it legal to evict me?
Thanks
Aug 31, 2023
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How to know if an offer letter I received from a company in the UAE is legit? 0
I got an offer letter from Al-Haldin Gulf Construction & Petroleum LLC. Can you please advise about the company?
Mar 18, 2024
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