Questions & Answers
Questions & Answers
5 available 5 • View allWhat can the employer do if the employee went on leave and never came back?
2
Q: I have an employee who went on annual leave and could not return for over 150 days now. Will he be terminated by law and should we hold his gratuity?

Nov 2, 2021
856
Terminating an employee after being absent for 10 days during COVID-19 pandemic

2
Q: How can I terminate my employee who has not come to work for 10 days? He is asking for a permission letter so that he can work freely anywhere but I don’t want to give him such things.
I just want to terminate him!


May 27, 2020
1538
Procedures of terminating an employee for taking unapproved long leave
2
Q: My employee went on approved annual leave for 2 months in November 2021 and was expected to return to duty by January 2022. But he returned only today after more than 5 months.
As an employer, where do we stand in this matter?
What disciplinary actions can we take against him?
If we decide to terminate his services as a disciplinary action, what are the obligations to us?
Please guide.

Apr 26, 2022
289
An absconding report against an employee for not reporting to work for 7 days
2
Q: Dear sir/madam,
One of our employees has not reported to work for 7 consecutive days and we are unsure of any whereabouts.
Can we file an absconding report?
What are the fees and implications for the employer?
Do we need to pay WPS and gratuity if the employee returns?
The employee has been working with the company for over a year now.

Jan 29, 2023
162
Can we terminate a staff member who did not return to work after annual leave?




1
Q: Hello,
We have a staff member who was supposed to return to work on 15 September 2024 from annual leave (they went back to their home country).
However, after trying to reach them, they finally told us on 12 September that they have a travel ban due to legal issues that they are being accused of.
They said that they have a hearing on 13 Sep and will update us on the matter. However, we have not heard from them since then. We have tried to contact him but nothing.
What are our options here?
We unfortunately cannot keep waiting for them (as operationally, we needed him back), and due to this being a legal matter (we don't want him to work for us anymore, it seems serious).
Would Article 44 Clause 8 apply here?
We haven't heard from him in over 7 consecutive days, but it also states that it applies if they failed to give a legitimate reason (which technically they have?).





+4
Sep 25, 2024
144
Legal blog
2 available 2 • 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
90573
How to File an Employment Court Case in the UAE 35
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
11261
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
103614
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
12406
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
26445

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I have received a judgment in my favor from RDC that awarded me legal fees.
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Is this correct?
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The public prosecution appealed a judgment to increase the fine I already paid. What do I do now? 0
Good afternoon,
Thank you for your time.
The public prosecution appealed my judgment (a fine that I satisfactorily cleared) and requested increasing the fine.
Can you please explain what happens during a criminal case appeal hearing for me as a defendant?
Will I be asked questions?
Is the hearing just for the Public Prosecution to present their appeal to the judge, and I do not need to give a response?
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Can we give a salary certificate to a new hired employee before he starts to open a bank account? 0
Dear lawyers,
The new employee will start on June 1, 2025. However, he would like to open a new bank account in the UAE thus asking to provide the salary certificate mentioning his salary in AED and if possible not mentioning the start date.
Legally, can the company provide such a certificate?
Feb 4, 2025
117
I received a termination letter from my company for restructuring. Is this considered arbitrary dismissal? 0
I received a termination letter from my company on January 31st, 2025, with a one-month notice period, stating my last working day as February 28th, 2025.
The reason given for the termination is "considering the current business scenario, the company has considered measures to reorganize the business."
Could this be considered arbitrary dismissal?
Am I entitled to any compensation or benefits from the company as a result of this termination?
Feb 5, 2025
98
Do I need to hire a lawyer if I found I have a marital case against me in the court? 0
By checking in Al Adheed, I have found there is a marital matter case against me in Dubai Courts. There is a hearing date for next week and the time mentioned in the case status with a link for an online hearing.
However, I have not received any message from Dubai courts regarding this by mail or phone. I have all contact details updated with EID. In this case, what should I do?
I don’t know what the case is about.
Should I hire a lawyer or I can attend the hearing by myself?
Please do suggest options.
Feb 3, 2025
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