Questions & Answers
Questions & Answers
12 available 12 • 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
2399
Claiming benefits for termination without a valid reason
9
Q: I am working in the HR department in one of the private companies for the last 12 years. Last week I received a redundancy letter from the HR manager terminating me for reducing people.
However, the actual reason is something else. I have sent an email to our company helpline on the HR manager and complained about him, and he came to know that I have sent an email to the senior manager.
It was only me who got this letter from the HR department. Now, they got a replacement for my position.
Can I file a complaint against the company in the labour court?
Please advise.

Jan 7, 2018
5802
Arbitrary termination of a labor contract
0
Q: My 2-year limited term contract in Dubai was terminated after 4 months due to my company downsizing; am I entitled to "without cause" termination compensation as per Federal Labour Law article 115?
My former employer says "no" as they had not managed to finalise my work visa, however, I cannot see that this is relevant as there was a UAE employment contract in place.

Dec 25, 2016
1006
Can I file an arbitrary dismissal case after visa cancellation
1
Q: When can I file an arbitrary dismissal case? Should I do it before visa cancellation?
I have been given a verbal notice of two months by my employer. I have another job at hand (it is a miracle because of current market scenario) which I don't want to delay because of the case...
So, can I proceed with visa cancellation and immediately afterwards file an arbitrary dismissal case?

Jul 2, 2018
623
هل يعتبر إنهاء عقد العمل غير محدد المدة فصلاً تعسفياً؟
2
س: تحية وبعد،
إنهاء عقد عمل موظف غير محدد المدة بدون سبب، هل يعتبر تعسفي؟

Oct 2, 2018
1213
Compensation towards arbitrary dismissal for redundancy
1
Q: Hello,
I am currently employed at a Private British School under an unlimited contract.
I was informed in March that there is not a job position for me in the next academic year and therefore I have been made redundant, however, I am to complete my contract up until August 2019.
The deputy head asked me to hand in a letter of resignation to which I refused as I am not the one who wants to leave my employment.
I was wondering due to the school making me redundant, am I entitled to 3 months additional salary once my contract is complete?
Where can I find information on this?
Thank you in advance.

Apr 23, 2019
930
شروط إنهاء عقد عمل غير محدد المدة


5
س: ما النص القانوني الذي يُجيز لصاحب العمل (شركة بترول وطنية) إنهاء عقد عمل غير محدد المدة لعامل (موظف مباشر)؟
وما شروط صحة إنهاء العقد؟
وهل هناك طريقة للعامل أو الموظف لتجاوز ورفض هذا الاجراء؟



Jun 27, 2019
7908
How to claim compensation for arbitrary dismissal from the employer
1
Q: Hello Sir,
I was employed with DAFZA (Free zone) company for 11 months under an unlimited contract as a business development manager.
The company HQ is outside the UAE and I was issued an offer letter to start my employment from 1-Oct-2018, and I started the work on 1st Oct.
But my free zone employment (unlimited contract) was only issued on 19-Nov-2018. When does my actual contract start? Am I eligible to claim 1 month + 19 days in my End of Service (EOS) settlement?
I was issued verbal termination on 4-9-18 and after my follow-up email, I was issued a written termination on 10-9-18 which I've not signed yet stating my performance.
So kindly let me know if this termination letter is valid without my acceptance signature?
I was given 30 days notice period and did not have to work. Am I eligible to claim arbitrary dismissal compensation of 3 months salary as I am still not employed?
Kindly advise if I'm eligible for leave salary and If yes, how many days.

Oct 16, 2019
375
Termination of an employee after filing a labor complaint for non-payment of dues
1
Q: 2 months back I filed a complaint to the labor because I wasn't getting off days.
My employer decided to give me two off days per month, but after two months he came back saying he is going to terminate me because all workers are complaining, and he going to compensate me.
Among the money calculated was all the overtime money, gratuity, pending salaries, dismissal amount (3 months' salary).
So we agreed on the amount to be paid, but when they presented the end of service entitlement form, the agreed amount wasn't stated and I refused to sign it. I went to the labor office and filed my complaint.
Now because I filed the complaint, the company has immediately stopped me from work. Is it right for them to stop me?
And was the amount I calculated the right one?

Dec 21, 2021
213
Labor rights of the employee in case of termination after completing one year
1
Q: Hi Ma'am
This is about my husband getting terminated in Dubai. He has been terminated on the grounds of misbehavior which is a false allegation by the employer.
He has completed 1 year period at the company. The employer has filed a labor complaint against my husband. I'm not much aware of the labor law of Dubai.
Can you please let me know if my husband is entitled to the 3 months salary along with the vacation pay as he just completed his 1 year in the company?
The contract my husband signed doesn't have anything mentioned as 3 months' pay but does have the vacation pay after completing 1 year.
But will he be entitled to it even if he is terminated?
Also, my husband has proof of the employer's misbehavior (voice record)
Please reply.

May 10, 2022
255
Employee eligibility for 3 months' salary if the employer terminated the limited contract



2
Q: If the employer terminates a limited contract early, are they liable to pay the employee 3 months' salary compensation?
This is aside from the notice period they must give.




Jan 28, 2023
243
Can MOHRE cancel my labor card after losing the case without my permission?


0
Q: I filed a case against my employer, however, the judgment came against me. I will reopen the case but MOHRE called me and said they will cancel my labor card.
I said I do not agree with this decision. Will they cancel it without my permission?
MOHRE said your opinion doesn't matter. Can they do this or not?



Nov 23, 2023
175
Legal blog
2 available 2 • View allHow to File an Employment Court Case in the UAE 36
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
11265
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
90886
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
103650
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
12414
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
26548

Premium
Other answers by
477 477 answers •
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
245
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
878
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
580
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
344
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
244
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer