Questions & Answers
Questions & Answers
7 available 7 • View allThe right legal action for claiming salary shortfalls
Q: For the last 2 years, I worked for a contracting firm.
My salary was AED 8000/month but usually, my employer used to give me 2-3k monthly or sometimes less than this. The salary transaction is easily reflect-able on my salary statement.
I filed a case in the labour court against my employer for my visa cancellation and due salary payment 3 days ago, but he is not in the mood of settlement.
What action should I take against him?
Aug 30, 2018
1049
Salary deduction and the procedure of disciplinary actions
Q: Recently, there was a change in the management of our company and my new manager didn't like the way I look. He told me about it and warned me that next time I will be fined.
After a week or so, I received a notice that I'm fined of AED 500 for the unprofessional appearance.
I work for the company for a long time and I've never had such a kind of complaints before. I believe that my appearance is appropriate.
Moreover, there is no strict dress code in our company and I've never seen and never signed any papers in this regard.
Does my manager have the right to decide how I look? Is this penalty legal? Do they have the right to deduct it from my salary?
Mar 2, 2016
11343
Arbitrary dismissal for requesting the payment of delayed salaries
Q: Dear Ma'am
Good day to you,
I am working in a company where they didn't pay me for 5 months and I have asked them to do so, in order to leave for marriage on August 26, 2018 (Please note my visa expires on 18/09/2018).
But the response from them was swift and fast and they gave me a letter of termination with notice period 30 days. I have refused to sign the letter.
The company is not in a position to settle my outstanding salary gratuity and leave salary at the moment, as I have been informed so verbally.
So shall I file a case and tell the labour office to hold it till I come back from my marriage, one day before my visa expires? is that possible?
Thanks in advance for your advice.
Dima
Jul 8, 2018
1931
Shortfall of salary and non-payment of settlement upon resignation
Q: Hi
I was working with a company for last 3.10 years. In 2018 and because of the financial problems, the company was struggling to pay salaries to the employees and most of the employees got terminated or resigned.
I also started searching for a new job as I was getting half of my salary for 6 months. Fortunately, I got a new job and the company asked me to join immediately.
I requested my current company to cancel my visa as soon as possible and they agreed. I cancelled my family visa and they ask me to sign the cancellation paper and the settlement will be processed within 2 weeks.
Because of the urgency, I signed the paper by believing the company. But now they are not paying the amount and simply avoiding me with some excuses.
I was struggling with my family for 6 months with half a salary and now they cheated me also.
Please advise me, what do I need to do with this?
Feb 26, 2019
1275
Forcing the employee to accept a reduced salary
Q: My previous employer is a private company and I worked with them for 1 year and a half on an unlimited contract.
My previous employer has forced on me a salary reduction which I didn't agree to and no letter was signed.
Due to not agreeing to this salary reduction, I was forced to transfer almost half of my combined salary from months of Feb 2018 to June 2018 or else lose my job.
Afraid to lose my job and under this threat I had to transfer almost half of my salary to the employer. I want to claim back all the salary that was wrongfully taken from me.
I have bank statement proof that showed the amount that was transferred from my account to the employer in July 2018, and starting July 2018 payroll I was getting the reduced salary.
I also have my previous labour contract that states my monthly salary.
1- What are my options?
2- Would I be able to claim all the deducted salary if I provide the court with the evidence?
Jun 8, 2019
6663
Is deducting half the salary considered a breach of the employment contract?
Q: Hi,
I am working with an employer in Dubai since October 1st, 2021. The company is deducting salary in the name of consultancy as I was got hired from India. But there was no such contract between employee&employer for deduction in salaries.
Still, the employer deducted my half the salary for 2 months and I requested to stay at room till the company gets new project also they have taken my educational certificate stating it is the company policy.
I have already emailed the company to pay me a full salary for staying in the room or give me NOC.
1. Can I resign from the company without a notice period as I am in probation period and my contract is limited?
2. What should I do if the company doesn't pay me my salary for the days I am staying in the room?
3. Can this be considered a breach of contract by the employer?
Dec 26, 2021
282
Unfair deductions from final settlement after termination. What to do?
Q: Hello,
My contract ended on September 22, but the company did not inform me until October 11 when they gave me a notice of non-renewal.
On November 13, they sent me my final settlement, but they deducted one month's salary because I did not work from October 12 to November 10.
My visa expired on November 10, but my contract ended on September 22. They deducted money from my final settlement. What to do?
Nov 17, 2023
75
Legal blog
2 available 2 • View allHow 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
An 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
90260
Laws & Regulations
2 available 2 • 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
Premium
Other answers by
342 342 answers •
View allHow can I vacate my tenant if the rental agreement ends before the eviction notice deadline?
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
Thank you.
May 1, 2024
268
How can I reach a settlement with the bank for a mortgage of a jointly owned property?
I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage.
As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine.
In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this.
I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property.
I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?
Oct 4, 2022
282
The procedures for filing for divorce on mutual consent
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
674
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation?
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1275
Can a real estate agency hold a percentage of a property sale until transfer is done?
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1264
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