Questions & Answers
Questions & Answers
3 available 3 • View allHolding gratuity and labor entitlements after resignation
16
Q: Hi,
Good day.
I have been working with a company for 5 years and a half. Then I applied for my resignation (with a 1 month notice period as per my contract) and my service ended on June 30, 2018.
A month after, my manager contacted me and asked me to sign some "pre-termination" paper. When I asked about my gratuity payment, He mentions that I can get it within a month or two and that if I still didn't receive it, I can still have grounds for complaint that I can submit to the Ministry of Labour.
However, I still declined to sign any letter. They then just told me that they'll contact me if ever the cheque is ready.
My question is:
- Was my action right by not signing any papers considering I had no guarantee of receiving my gratuity?
- Also, since I'm still looking for a job currently (and I want to settle things amicably), is it an option for me to simply just wait it out until they contact me again with regards to my cancellation and gratuity?
Thank you and have a nice day.

Aug 20, 2018
10958
Claiming labour rights ten months after resignation

3
Q: I had filed a complaint against my previous employer to whom I worked for 6 years and 7 months. They did not give me my End of Service Gratuity, Leaves and Salary which amount, in total, to 87,000 AED. They are now 10 months due from the time I resigned.
My previous employer's legal representative first said that I am not eligible for all my claims since I did not serve notice period which is not true.
I responded citing evidence and today I received a letter from them again saying that I already signed that I received all my dues. Yes, I signed the MOL cancellation, but I haven't received my money.
There is no evidence that our company transferred such amount to my account. I signed because I was told that they will not cancel my MOL and I would not be able to start with my new job.
I wish someone represents me as I feel like my previous employer's legal representative is only delaying what is due.


Feb 3, 2020
1015
Forcing visa cancellation before payment of entitlements
2
Q: Last April 19, 2018, the company that I am working with issued a demobilization letter terminating my services due to the projects being at their finality.
I accepted the letter and prepared everything for my departure after 30 days. They asked me to sign the cancellation of visa letter but I refused because I want my final settlement first.
I was supposed to leave on May 19, 2018, but still, the final payment was not yet given. So, I stayed until my visa expired last June 10, 2018.
I asked them several times about my final payment but they kept on saying there were no funds available.
On June 24, 2018, our HR head called me and asked me to sign my visa cancellation and told me that in 2 to 3 days they will give my final payment.
I signed the visa cancellation since my visa was already expired that time anyways.
To make the story short, up until now they have not paid my final payment and I am still here working in my company without a visa and medical insurance. I will stay until they pay me.

Sep 29, 2018
1708
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
11270
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
91047
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
103661
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
12415
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
26576

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Hello lawyers!
Please help me, what does it imply when public prosecution puts an arrest warrant and no travel ban?
Thank you in advance
Dec 30, 2024
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I rented out a machine that burst into flames at the worksite. Can I claim compensation? 0
Dear Sir/Madam,
I rented out a machine two weeks ago. Today, I received news that it burst into flames at the worksite.
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Can a Muslim man marry a Muslim woman in the UAE law? 0
Can a Muslim man marry a Muslim woman in the UAE law?
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مغربي يريد الزواج مرة ثانية في الإمارات. هل يُطبَّق القانون المغربي الذي يشترط موافقة الزوجة الأولى؟ 0
السلام عليكم،
أنا مغربي وزوجتي مغربية، نقيم في الشارقة. أريد أن أتزوج امرأة ثانية مغربية. تجب موافقة الزوجة الأولى على التعدُّد في القانون المغربي.
هل يُطبَّق هذا القانون عليّ إن تم الزواج في الإمارات؟
Sep 26, 2024
181
كيف نتعامل مع عامل غادر العمل وتغيب لمدة أسبوع؟ 0
السلام عليكم ورحمة الله وبركاته،
عامل ترك العمل نتيجة سؤال التحريات عنه، ولا يوجد مكان له نعلمه، وتغيب لمدة أسبوع. ماذا نفعل؟
Oct 2, 2024
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Other answers by
27 27 answers •
View allThe consequences of resignation during the probation period 0
I joined a hospital as an office staff a month ago and have been working for one month. Now I am under a probation period which is for 6 months. I am on a husband's visa and did not take any facilities such as medical insurance, accommodation, or visa.
I am not comfortable with the work atmosphere and would like to resign from there.
What will be the financial and legal consequences?
I heard they normally charge 45 days salary and a ban is imposed even under probation period.
What should I do to terminate the contract?
Aug 13, 2021
557
What are the rights of employee in case of redundancy due to COVID-19? 0
I was terminated from employment in June 2021 after receiving and working 1 month's notice. I was on an unlimited contract.
I am still waiting for 2 months' salary, gratuity and leave payment which my employer accepts is due but still not paid.
I have raised a complaint with MOHRE and have the approval to go to Court. However, I was terminated as a result of the employer citing that due to COVID-19 they need to reduce salaries by 30%, letter dated 22nd Apr 2021.
As I refused to sign, I was then terminated, via a letter dated 3rd May 2021, which stated "due to restructuring", my position had become redundant.
The question is - Am I able to claim Arbitrary Dismissal for up to 3 months salary for the unfair termination?
Aug 17, 2021
294
نفقة وحضانة الأبناء في حالة الطلاق للضرر 0
السلام عليكم،
أشكركم على هذه الخدمة الجليلة ووقتكم الثمين!
رفعت زوجتي قضية طلاق للضرر في محكمة الشارقة الشرعية وخسرتها (لم يثبُت الضرر) واستأنفت و خسرت أيضًا.
الآن رفعت قضية جديدة وعيَّنت المحكمة حكَمين وأتوقع أن تكون توصيتهم بالطلاق.
سؤالي يتعلق بالأبناء، لدي ابن وابنة: الابن عمره 14 سنة و8 أشهر مقيم في الإمارات والابنة عمرها 17 سنة و5 أشهر وغير مقيمة في الإمارات وتدرس في الجامعة خارج الدولة.
أسئلتي كالتالي:
- هل للمحكمة ولاية على ابنتي بالرغم من أنها لا تملك إقامة في الإمارات؟
- هل يمكن للزوجة طلب الحضانة للابنة مع أنها تقيم في الإمارات بعيدًا عن الابنة؟
- هل في العادة تحكم المحكمة للأب بحضانة الابن فوق الـ11 سنة أم ستسأل الابن كي يختار مع مَن يقيم؟
- عند الطلاق لن يكون للأب زوجة، فهل يؤثر ذلك في حضانة الابن بالنسبة للأب؟
- ما النفقة المتوقعة إذا كان راتبي 17500 درهم شهريًا؟
Aug 26, 2021
1530
هل يفصل القاضي في حضانة الأبناء في نفس منطوق حكم قضية الطلاق للضرر؟ 0
هل يفصل القاضي في حضانة الأبناء في نفس منطوق حكم قضية الطلاق للضرر أم يفصل فيها بعد انتهاء العدة؟
الخلفية:
الزوجة رفعت قضية طلاق للضرر (محكمة الشارقة الشرعية) وخسرتها ثم استأنفت وخسرتها أيضًا ولم يثبت الضرر.
الآن رفعت قضية جديدة وتم تعيين حكمين من المحكمة ويُتوقَّع طلاق المدعية.
Aug 24, 2021
336
The local sponsor is not allowing the expat partner to exit. What to do? 0
I have run a limited liability company in Dubai mainland with a 51 (Local) / 49 (Expat) ownership structure for the last 26 years.
Due to some issues, I wish to exit the company and handover it to the local partner but he is not letting me exit the company.
What are my options?
Thanks!
Aug 22, 2021
861
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