Questions & Answers
Questions & Answers
6 available 6 • View allResignation during the probation period and labor ban in unlimited contracts
Q: I wish to resign during my probation.
I am not the right fit for the company, and my job responsibilities and scope have massively changed since my boss was fired. I have been expected to just step in with no support, no additional resources and no change to my contract, job description or remuneration.
My calls to my HR Director go unanswered so I have emailed my resignation today. He has replied saying he cannot accept an email. I will have a meeting with him tomorrow to confirm my resignation.
1. Can they refuse to accept my resignation?
2. Do I need to give notice?
I will offer a week's transition to ensure a professional handover but I have read that the Labor Law states one month despite the fact they could fire me without notice.
3. Could I face a labor ban?
I am on an unlimited contract. I hold a degree and will be moving my visa to a Freezone.
Many thanks!
Apr 8, 2020
1333
Filing a false case against an employee in order not to pay his dues
Q: Sir,
I am working in Dubai as a sales representative with 1000 as basic salary in the contract. I submit my resignation on 15/09/2020 with 30 days notice period.
The company asked me to hand over the job on 01/10/2020. I handed over the company car, SIM, and laptop. On 11/10/2020, the company filed a case against me that I deleted all company emails.
They filed a case in labor court. They don't want to pay me September month salary + 6 years final settlement +1 year leave salary. Also, They don't want me to join a competitor company.
That's why they filed the case. I do not have money for food. My 4 member family in India depends only on my salary. I don't know what to do.
Please help me!
Oct 20, 2020
461
Is it legal for the employer to keep the employee's passport?
Q: Is it legal to hold the passport of the employee by a company?
I didn't get my passport back after stamping visa, they gave me just a copy of passport with the visa page.
My PRO told me that all passports should stay with the company and I can receive it back to travel only upon approval of the management.
He explained that this is the company policy and common practice.
Feb 23, 2016
17552
How to retrieve my passport and cancel visa if the company is not responding?
Q: My employer has taken my signature on an Arabic paper stating that this is a labor contract application form. I signed that out of trust.
I had an emergency and I asked for the passport. The employer denied it, then I filed a complaint to retrieve my passport and he is asking me to pay a big amount then leave.
Apart from that, the lawyer of the employer is also threatening me that they will put me in trouble. I have not taken any money from them. But they asked for it after complaining.
I have stopped going to my work as per the labor representative but have not resigned because my company owner is treating me rudely and very badly using abusive words like dog, donkey... etc.
How will I get my passport and will there be a ban on me?
Please guide.
Thanks
Feb 17, 2022
220
What to do when the employer is forcing me to work beyond notice period?
Q: Hi madam,
I am working at a civil site for a contracting company in Abu Dhabi. I gave a resignation letter and working on the notice period now and it is near to finish.
I wish to leave the company because of some personal problems but today my company owner said to me that they cannot cancel now and I need to wait for more time here so that they can find a new person for this job.
So please tell me how can I get a cancellation from here?
Mar 18, 2022
585
My company terminated me and filed a breach of trust case without giving me EOSB
Q: I left the company as they terminated me and signed a notice period in a mutual agreement, so my notice period started on 07 Feb until 07 March 2023.
The cash is short at that time from three ledgers. I was handling other accountants' work as they are on leave so it was mismanaged at that time.
I cleared the short cash on my last day and the remaining is to be settled from my EOSB balance as per management decision.
So after 17 March 2023, they sent me a message also that your settlement is ready. Now after 40 days, they changed their mind and now they don't want to give me my EOSB.
On Friday I filed a complaint to MOHRE regarding my passport and EOSB. We both received a message from MOHRE to settle. On Monday, the company as a reaction launched a breach of trust complaint at the police (Khianat Amanat) against me.
What can I do as Eid is near and my family is here?
I have to go back as I am jobless for 50 days.
Please help, this is the whole story.
Apr 18, 2023
185
Legal blog
3 available 3 • View allAn Overview of the New UAE Labor Law and Recent Amendments of 2024
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
90261
How to File an Employment Court Case in the UAE
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
11236
Can My Employer Hold My Passport?
An interview-format article covering the topic of an employer demanding to hold an employees passport. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of LAWGICAL with LYLAW.
Jan 15, 2020
8402
Laws & Regulations
3 available 3 • View allFederal Law No. (8) of 1980 Concerning the Regulation of Labor Relations
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
103594
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations
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
26365
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations
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
12394
Other answers by
14 14 answers •
View allFiling a complaint against a shipping company due to delivery delay
Greetings,
I sent a shipment of around 40k of value to France from Dubai on the 25th of August. During the communication with the shipping company, I was informed that it will take 6-7 days.
It is the 7th of September today and until now they are unable to give me an update on where my shipment is. Moreover, this delay has cost me extra money on having to postpone the ticket of the receiver in France and his extra stay expenses.
Is there any official complaint, or any actions that I can take against such an unprofessional company?
Appreciate your reply!
Sep 7, 2022
2255
Working as a teacher and running an online business at the same time
Dear sir/madam,
I am a teacher in Dubai under my husband's sponsorship. I have a salary account in Dubai Islamic Bank.
I need to know the legal requirements for starting an online e-commerce business for which I will need to register a company.
Can I work as a teacher and run my online business as well?
I want to go with the laws.
Sep 5, 2022
333
A new partner is delaying the payment of his share. What to do?
Dear Lawyers,
I have a company in Sharjah FZ. I hold 51% shares and my partner holds 49% shares. I am the director, manager, and the sole beneficiary of the company bank account. We are both now under the company visa.
I, as the business owner, demand a few things for him to provide before he can benefit from the company. The point of the agreement is:
- The new shareholder needs to provide business development capital for AED 145,000, payment will be on several terms.
Since I made the change on the license and put him under the company visa, he has been delaying paying the capital.
I have been chasing him through messages and phone calls, but he is still not responding. This made the cash flow of the company a mess.
1. What legal step can I take to take him out of the company and seek compensation for the mess he made with the company?
2. Will it be better for me to file bankruptcy or to fight the legal action against him?
Thank you so much, appreciate your answer!
Aug 24, 2022
313
Filing a case against a customer for nonpayment of outstanding dues
Dear sir/madam,
One of my customers is not clearing his outstanding payment and is giving false promises.
The provided cheque has bounced twice. Their license is inactive. Can we file a case against them in court according to Dubai Law?
The amount is AED 28000.
Aug 17, 2022
1047
The company reduces the EOSB after calculating it. What to do?
Dear sir/madam,
I have an issue with my end of service. The company made calculations on one amount and sent me the form, signed by the finance director.
Now they say that there was a miscount and the amount has been reduced significantly.
I need advice and assistance from a lawyer.
Aug 17, 2022
202
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