Questions & Answers
Questions & Answers
5 available 5 • View allObtaining an employment visa while case is pending
5
Q: Dear Ma'am,
Good day,
I have opened a labour case due to 6-month pending salary & salary deductions for 3 years (2014-15-16). The matter is in court & I am awaiting court dates for the case.
My query is regarding getting new employment visa (not 6 months' temporary work permit) during ongoing court case (heard that due to amendment 766 of the year 2016, this is possible).
I have a new offer at hand, can I request from the court/MOHRE to cancel my visa & issue a new employment visa?
The total claim amount is AED 194K, what are the points should I keep in my mind while the case is ongoing?
Should I hire employment lawyer?
Requesting your positive response.

Jul 4, 2018
2342
How to find out if there are any cases blocking visa cancellation
4
Q: I am trying to cancel my visa application through DMCC free zone, however, the application as stated by DMCC was 'returned by immigration as the applicant is still wanted by police. Please clear the case so we can proceed with the application'.
The issue I am having here is that I don't know why this is coming back from immigration as I have checked police cases online and there is nothing showing. I also checked on Dubai Prosecution website and cant find any case showing either.
Does this mean I have a criminal case and warrant for my arrest that I can't find online and don't know about?
I am very worried and concerned about this situation as I can't find any information regarding any case.
At the same time, my employer is filing an Absconding Case as they can't cancel my visa and are now being charged overstay fees due to my passport not being stamped.
This creates another issue as I have just been offered new employment in Dubai. What should I do and is it likely that I have a criminal case?

Nov 19, 2020
1849
Visa cancellation during ongoing criminal and labour cases
4
Q: I was working in a company for around 3.5 years in Dubai in the position of Estimation Engineer. On 22.01.2019 I have submitted my resignation to the company with a one month period till 21.02.2019.
but on 12.02.2019, the company didn't allow me to enter the office to work and they told me the company will cancel my visa and settle my outstanding within 2 days.
However, in between, I have sent an email to the company twice and called the HR and they didn't respond. They are also not giving my passport to me.
I have filed a labour case against the company due to not cancelling my visa and I have got the date of 7th April 19 for the labour court case.
Subsequently, the company has filed a criminal case against me for data copy from the company system. I have visited the police station last week and they have recorded my statement.
I want to know if I can get my visa cancellation from the labour court while the criminal case is running so that I can join another company to cover my ongoing loans in the UAE and family liability.

Apr 1, 2019
6677
Applying for a new visa while there is a criminal case


6
Q: Dear sir/madam,
I got a criminal case and a travel ban due to driving without a driving license. The case is already in Dubai prosecution and the status is under investigation.
Now my question is:
Can I apply for a new visit or employment visa as my current visa is going to expire in a week?
Thanks!



Sep 6, 2022
1548
Caught in a criminal case: Can my visa be cancelled while under a travel ban?

1
Q: Dear Sir/Madam,
I have been involved in a criminal case since August and am currently under a travel ban. I was declared innocent in the first instance, but the case is still pending on appeal.
Last week, my employer terminated me and initiated the process of canceling my visa.
Is it possible to cancel my visa while I am still involved in a case and have a travel ban?
How will I be able to exit the country with a travel ban in place?
Is it possible to apply for a new visa (such as a Freelance Visa) while my case is ongoing?
Thank you!


Feb 21, 2023
1669
Legal blog
1 available 1 • View allAn 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
90354
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
103602
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
12401
Ministerial Decree No. (766) of 2015 On Rules and Conditions for Granting a Permit to a Worker for Employment by a New Employer 3
By this Decree Ministry of Labour of the UAE has removed the six-month labour ban for those who changed the job before completing two years of service. Labour ban will be still applicable for workers that qualify for skill level 4 and 5 under various circumstances.
Sep 27, 2015
5605
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
26384

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522 522 answers •
View allThe maximum notice period employers can put in the contract as per the new labor law 0
Our internal contract has a notice period of 3 months from both parties. In the new labor implementation, only one month's notice is required for less than 5 years of service.
Please advise if we can follow our internal contract since the position is very curtailed and the organization will not be able to replace the position within one month.
Sep 8, 2022
344
Annual leave salary calculation as per the new labor law 0
Dear sir/madam,
Annual leave salary calculation as per the new labor law.
Can you please clarify the correct annual leave salary rules?
Some say it is basic + HRA for the month you will take off, others say it is full salary, and somewhere I read it is basic + HRA (annual leave salary) plus the normal salary you get.
Can you please clarify?
Thanks for your valuable time and kind assistance!
Sep 7, 2022
2648
I want to dismiss an employee under article 120. Do I need to pay him the EOSB? 0
I want to dismiss an employee under article 120/44 of MOHRE labor law. I want to know if we need to pay him his complete end-of-service benefits.
Jul 26, 2022
363
What happens WPS system if my employer deposited less than my salary? 0
Dear Madam,
My salary is 5000 in WPS, but in June, my company deposited 1000 by mistake.
Is there any chance to rectify or deposit the 5000 dirhams again?
Jul 13, 2022
357
How to appeal the labor judgment if the court did not approve all my dues? 0
My employer has not paid my salary for 8.5 months. I went to the labor court, and was referred to Dubai Courts.
The judgment came and I did not receive the full claim including salaries and 3 months' compensation.
Please advise whether I can go for an appeal and what will be the time for execution.
Need your valuable advice.
Jul 9, 2022
391
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