Questions & Answers
Questions & Answers
3 available 3 • View allIs leave salary calculation based on basic salary or full salary?
10
Q: Is leave salary calculation based on basic salary or full salary at the time of resignation or termination?

Jul 27, 2021
9794
Leave salary calculation according to the law after resignation 
16
Q: I was working in one of the biggest and renowned groups in the UAE for 12 years and I have resigned (due to delays in salaries every month) on 01.06.2017 and served a 1-month notice.
After getting no response from the company for 5 months, I finally launched a complaint in TASHEEL. After the court hearing, I got a wrong judgment of settlement of 1 year instead of 12 years and was asked to raise an appeal against the judgment.
Again, after 7-8 hearings, I got the judgment which states that the leave salary to be paid for 60 days as per the basic salary. But as per my company's policy, the leave salary was payable as per the gross salary.
My dispute with the company was on the number of days of leave salary, which according to me should be 60 days and the company was paying for 37.5 days only.
I have again raised an appeal (Something called ILTIMAS if I am not wrong) attaching a translation of the company's HR Policy also, which was eventually rejected by the court.
I just want to know what is the next step to follow.

Nov 12, 2018
17747
How to calculate the accumulated leave?
1
Q: Hi Madam,
I have read in one of your answers to a question regarding the calculation of leave salary at the end of job, termination, or resignation, that the leave salary for accumulated leaves will be calculated based on Basic Wage.
My doubt is what is accumulated leave?
If I received all the dues of leave salary on last leave and I resigned 1 year after resumed duty, only 1 month leave salary is due for me. Is it consider accumulated leave or is it a normal annual leave?
And, why the calculation is based on basic pay in this case?
I think the accumulated leaves are the days due more than 60 days. Please advise me as I am planning to resign from my job.
I completed 20 years in the same company and there is no unpaid leave salary except the last 1 year of service.

Aug 26, 2021
1217
Legal blog
2 available 2 • View allRecent Amendments to the UAE Labour Regulations 24
Three new ministerial decrees containing a new set of rules for the labour market were issued by the UAE Ministry of Labour last year and came into force on the 1st of January this year. The decrees are expected to alter the contractual relationship between employers and workers in the UAE.
Apr 19, 2016
31054
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
92416
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
26917
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
103751
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
12459

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My husband sold the house we bought jointlyand took a cheque plus 1-year instalments from me. What can I do? 0
Hi,
I am a non-Muslim indian expatriate, residing in Dubai since 2015. The first 5 years, I was on a working visa, and after the delivery of my first baby, I left my job and became dependent on my husband.
In 2018, we bought a house together where I invested AED 2 hundred thousand from my income (I have proof in the form of a cheque). I also paid AED 3300 monthly installment for 1 year, for a personal loan taken out for the house.
But in spite of my resistance, my husband tactfully put the house in his name, so the title deed was in his name. In 2024, when my kids and I were in India for vacation, he cancelled our visas and residency. He also filed for a divorce in India.
The divorce is not yet finalised, and we are still married. Since August 2024, he hasn't let me access my house in Dubai, so I filed a case, which eventually went in my favor in January 2025.
Since I used to travel on a visit visa, I left for India and returned in March, to find out that my husband had already sold the house. The new owner is residing there.
What can I do now?
Help!
May 1, 2025
16
Can the employer force the housmaid to work for unlimited hours without rest? 0
Hi
I'm a nanny, and at the same time, I work as a housemaid (khadama) here in the house. I work, but as I know, the nannies and housemaids have different rights, and my employer doesn't give me rest.
My work starts at 7:30 am and then finishes at 10 pm or less. It depends on whether the baby is asleep or what time they will take on me if not yet asleep. Is this right?
Also, at the time of eating, I'm still working because the baby is with me, so I just let her sit in her chair. That's how I eat.
Please answer me. I want to know my rights.
Because if I can leave during the 6-month probation, I want to take it if the employer is this kind. I don't know.
They are also expats, but they don't follow the rules of the UAE regarding a housemaid.
May 1, 2025
23
My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
Apr 30, 2025
17
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
May 1, 2025
42
Can I return to Dubai after 12 years away on a new employment visa? 0
Hello,
I came from Dubai to India on emergency leave, but unfortunately, I did not return. It has now been 12 years. Can I go to Dubai on a new visa?
I have already received a new employment visa from another employer.
Can I return to Dubai, or will there be any problems with UAE immigration?
Please advise!
Apr 30, 2025
15

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A firm took payment but didn’t ship cargo or refund. Can we file a case? 0
Hello,
The matter is whether we can file a case against an Ajman-based firm for non-shipment of cargo against the payment made to them.
They haven’t delivered the cargo nor returned the amount.
Apr 17, 2025
56
Bought a used car with a tampered odometer. What legal steps can I take now? 0
Hello,
Two days ago, I bought a used car. But yesterday, I found out that there has been major tampering with the odometer.
I have all the necessary proof to provide. Where do I move forward from this?
Apr 17, 2025
54
Can I petition for immediate eviction due to tenant violations and refusal to vacate after notice? 1
Dear Lawyers,
I have a question regarding an immediate eviction petition to the Urgent Judge. The tenant did not return the apartment on 26 January 2025, despite a 12-month legal notice that ended on 25 January 2025.
The tenant rejected all gas and fire prevention maintenance for 12 months. Al-Fanar Gas submitted a report with the tenant's signature and refusal after the tenant broke the gas detector.
The apartment was sold, and the new owner gave the tenant 90 days' notice. The tenant refused to show the new owner the apartment and ran away, according to building management.
The tenant ignored the 12-month legal notice, did not return the apartment, broke the gas detector, and refused gas and fire detection system maintenance.
The deal will be voided if the new owner cannot enter the property promptly. Can I petition the Urgent Matters Judge for quick eviction based on the tenant's violations?
Jan 27, 2025
99
A contractor did waterproofing on my roof but water leaked and made damages. What can I do? 0
A contractor recently did waterproofing on my townhouse roof and confirmed a warranty of 5 years (on WhatsApp). The payment receipt and invoice are available.
In 4 months, water leaks from the roof damaged the false ceiling inside the house. When contacted, he avoids calls and delays by making some excuses.
Is there any way I can get my money back?
Dec 26, 2024
66
How can I exit a partnership linked to an expired license and accumulating fines? 1
Good Day!
I am a partner in a trading license with two other individuals. Both of them were managing the business together as a cash-based operation without a bank account, while I was working elsewhere as an employee.
Now, one of the partners has passed away, and his parents are in conflict with the remaining partner, claiming he owes them money. However, the surviving partner insists that no money is owed and that everything is settled.
The license has now expired and cannot be renewed because the deceased partner’s family is not cooperating, leading to fines due to the inability to renew it.
Additionally, the remaining partner continues to conduct the same business, occasionally purchasing items under the company name.
As I am a low-salaried individual and cannot afford court fees, is there a way to remove myself from this situation, or are there any authorities who can assist me in this matter?
I am willing to help and provide whatever is required as evidence in this case.
Please advise!
Dec 30, 2024
136

Other answers by
إمكانية المطالبة بالمستحقات العمالية بناءً على الراتب الفعلي وليس المكتوب في العقد 1
السلام عليكم،
أعمل في شركة في العين مند ثلاث سنوات ونصف "منها سنة وعشرة أشهر إقامة تابعة للشركة" وما تبقى كنت أعمل بالإعارة من شركة أخرى. راتبي في عقد العمل 500 درهم ولكن راتبي الفعلي 2500 درهم.
هل يحق لي المطالبة قانونًا على حسب الراتب الفعلي؟
وهل فترة العمل بالإعارة تدخل ضمن أيام المستحقات؟
علمًا بأنني أستلم راتبي بشكل مباشر بإيصال قبض من الشركة، وراتب العقد (500) أستلمه بنكيًا أو عبر فروع الأنصاري.
Jul 17, 2023
244
Mold in apartment due to construction fault: Can I get compensation? 1
Hi everyone,
I rent an apartment. After two days in the apartment, water started leaking from the ceiling.
It turned out to be a fault in the building's construction, which caused condensation in the false ceilings. When the panels were demolished, it was found that they were all full of mold.
The building manager has started work, but the apartment is no longer habitable.
Should the landlord compensate me for the lack of peaceful enjoyment of the property?
Jul 17, 2023
444
My company is asking us to work 9 hours this Ramadan. What can we do? 7
My company is asking us to do 9 hrs. duty this Ramadan starting last 8th of April 2023 without overtime pay.
And no one from my colleagues wants to complain as they are scared of what might happen.
Just today, my showroom manager is asking me to extend until 12 pm when I started my duty from 10 am and I am fasting.
What can I do?
Apr 13, 2023
574
Can I give birth legally in Dubai if I am unmarried to the father? 2
Dear Sir/Madam,
Can I give birth legally in Dubai if I am unmarried to the father?
Apr 14, 2023
1166
Unfairly fired with demands to repay housing allowance: Is it legal? 1
Dear Sir/Madam,
My employer (Federal) signed a 3-year contract with me. They have now given me 3 months' notice, ending my contract in May rather than August, saying that my contract was not renewed.
There was no reason given for my non-renewal. My evaluations have been consistently excellent. Further, they are now demanding 3 months of housing allowance be repaid. Is this legal?
Apr 14, 2023
168
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