Questions & Answers
Questions & Answers
5 available 5 • View allCalculation of gratuity when transferring an employee on secondment to the UAE
1
Q: If we transfer an employee on secondment to the UAE from another country for a period of 3 years, do we have to pay gratuity as per UAE law?
As per his contract in the country where he is transferred from, the company is liable to pay provident funds in the country. After spending 3 years, he will be transferred back.
Is the company liable to pay gratuity?
Kindly note that he is one of the executive cadre, not a workman.

Apr 19, 2020
1268
Calculating the gratuity of an employee who worked for sister companies?
2
Q: How to calculate gratuity in case of internal transfer if the EoSB wasn't paid during transfer but to be paid during employee resignation?

Jan 6, 2022
507
Paying the gratuity in case of transferring an employee to another company
1
Q: Hello,
I have been working with a free zone company for the past 4 years and as a part of rebadging, I am being transferred to another company.
My current company is denying my gratuity stating that it has been transferred to the new company which I am going to join, however, my new company has clearly stated that no such agreement was made and my current company is responsible for paying my gratuity.
Please let me know how can I proceed as my current company is not giving me my gratuity?

Aug 28, 2021
1378
How to claim my EOSB if I moved with the same company from the UAE to Germany?
1
Q: I moved from the UAE to Germany under the same company after working 7 years in service in Dubai. Before I moved, I asked for my gratuity.
The company refused because it seems that the gratuity is payable on termination only, not on transfer within the same company.
The company asked me to sign a letter to waiver my gratuity in exchange for "years of seniority" in Germany of the same years that I served in Dubai.
Did I make a mistake when I signed that letter? Is this normal?
"Years of seniority" means nothing actually.

Jun 23, 2022
220
Can the company pay my gratuity upon termination only for onsite service and skip my remote service?



0
Q: I worked for a company for 2 years and 2 months. For 8 months, I worked remotely under a contract governed by UAE law. The contract explicitly stated:
"This contract is governed by and shall be construed in accordance with the laws of the Emirate of Dubai and the United Arab Emirates."
During this remote period, I accrued 25 days of vacation.
After the remote work period, I relocated to Dubai with a new contract. This contract acknowledged my prior remote employment I worked onsite for the company for 18 months, after which they terminated my employment.
Now, regarding my termination, I have two questions:
1. The company has mentioned that they will compensate me for the 25 days of vacation at the remote rate, considering that these vacation days were accrued during my remote work period.
2. They also informed me that I will not receive gratuity for the entire duration of my service but only for the onsite period (18 months) as I had two separate contracts.
Is this legally valid?




Nov 30, 2023
123
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
92246
Laws & Regulations
3 available 3 • View allFederal 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
26878
Federal 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
103741
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
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Good afternoon!
My friend works as a cleaner for a cleaning company and she now wants to resign with a 30-day notice. However, she has not completed the two-year contract and has only served for 16 months.
Additionally, she has not taken any vacation leave. The sad part is that when she signed the offer letter, she did not receive a copy of it and only signed it.
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إثبات صورية شراكة كفيل إماراتي 1
السلام عليكم،
نحن شركة ذات مسؤولية محدودة ولدينا كفيل إماراتي صوري، ولكن بالرخصة التجارية هو شريك. هذا الكفيل صاحب أخلاق عالية ولا خوف منه ويعرف نفسه بأنه ليس بشريك فعلي.
السؤال: إذا، لا سمح الله، توفي فقد نخوض مشاكل قانونية مع عائلته، فما الحل القانوني الذي يمكن أن ننجزه معه الآن ضمانًا لحقوقنا مستقبلاً؟
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العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية. هل يجوز ذلك؟ 2
السلام عليكم،
هل يحق للبنك في إمارة دبي أن يرفع دعوى جنائية أو مدنية ضد عميل لم يسدد مبالغ الفائدة بل سدد فقط المبالغ التي قدمها البنك أصليًا (مبلغ القرض فقط)؟
منحه البنك بطاقة ائتمانية بحجة أنه "قرض حسن بدون فوائد"، وبعدما استخدم العميل البطاقة الائتمانية بفترة زمنية قصيرة وفجأةً تم إرسال رسالة إلى العميل تفيد بأن هناك مبالغ متراكمة بسبب الفائدة البنكية بقيمة ٤٠٪ من القرض الأساس المُقدم إليه.
علمًا بأنه تم تزويد العميل بالبطاقة الائتمانية عن طريق البريد السريع لعنوان منزله بدون طلب رسمي من العميل بذلك، بالإضافة إلى أنه لا يوجد أي من المستندات التالية بين البنك والعميل:
١- عقد. ٢- اتفاقية. ٣- شيكات كضمان. ٤- سند أو شريعة أو قبول خطي أو غير خطي أو توثيق يتضمن أي توقيع من الأطراف؛ بمعنى آخر، لا يوجد أي اتفاق على الإطلاق.
العميل سدد المبالغ التي استخدمها ورفض دفع مبالغ الفائدة البنكية المضافة سالفة الذكر.
الرجاء الإفادة ولكم جزيل الشكر!
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