Questions & Answers
Questions & Answers
3 available 3 • View allHow to calculate the leave entitlement for an employee who leaves before one year?



0
Q: If an employee works less than a year, how to calculate their leave entitlement till the end of the year?
Do the 2 days per month start from the joining date or after the 6 months probation period?




Nov 30, 2022
363
Leave pay calculation under the UAE employment contract
95
Q: Dear Madam.
My JAFZA Employment Contract is an unlimited free zone contract.
My services have been arbitrarily terminated on 09 Dec. 2018, and after having served the 90 days paid notice period, my tenure ended on 08 March 2019.
I am now in the process of finalizing my end of service benefits, and there is a clarification required in regards to the basis of computation of the benefits. Queries are as under.
Leave pay due to termination:
I have 25 days unutilized leave which I intend to encash. What is the basis of computing the value of this leave pay?
Would it be on the basis of:
a.) gross monthly salary (which includes the latest basic salary + housing allowance + transport allowances)
b.) or on the basis of latest basic salary + housing allowance
c.) or on the basis of just the latest basic salary?
Could you please clarify and provide me with the correct latest updated UAE Labor Law article ref. # 79 for the correct interpretation of the basis of calculation for the above leave pay.

May 20, 2019
99438
Leave entitlement in case of less than one year of service
8
Q: I have a couple of labour issues.
I worked for a company for 7 months, and I was lied to regarding my visa status while I was working. It was said it was possessing while it was not, and I also received a false labour contract which I later found out.
Once I finally received my visa, I had a death in the family so I wanted to take my emergency leave.
My employer said it will be an unpaid leave, so I replied I thought I can get 30 days paid leave after my probation period, then he replied bring in your passport for termination.
I just needed to leave the country for 2 weeks for the funeral even if he would have said that he could not pay for the leave it would be ok, but by terminating me instead, I thought it was a wrongful termination.
When I came into the office they told me it was because of poor work performance, which was not true because I never received a prior documented notice with my signature regarding poor work performance.
What legal actions can I take towards this case?

Oct 26, 2017
5742
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
90229
Recent 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
30995
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
26352
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
103589
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
12393

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3180 3180 answers •
View allHow to file an online defamation case from the Philippines against someone in Dubai? 0
Hello,
I'm currently looking for legal advice regarding an online defamation case. I am a Filipino citizen currently residing in the Philippines. The person I want to file a complaint against is also a Filipino citizen and is currently based in Dubai.
I have already sought legal consultation, but it cost me a lot for just a simple session. Unfortunately, I don’t think I can afford to proceed with the fees required for sending a warning or demand letter to the person I’m complaining about.
I would really appreciate any help, guidance, or information about possible free or low-cost legal services.
Thank you for your time!
Apr 11, 2025
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What does Cabinet Resolution No. 1 of 2022 mean with exempting supervisory roles from the provisions of the Labour Law? 0
Dear colleagues,
According to Article 15 of Cabinet Resolution No. 1 of 2022 (“Executive Regulations”), employees occupying supervisory roles are exempt from the provisions of the Labour Law and the Executive Regulations in relation to maximum working hours only if they possess powers equivalent to those of the employer.
Could you please clarify what is meant by "if they possess powers equivalent to those of the employer"?
Currently, we have heads of departments who report to the directors. Will they be eligible for overtime?
Also, those who have a POA to sign contracts will they be eligible?
Or, those who temporarily replace the CEO while he is out, will they be eligible?
Apr 10, 2025
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Can I request delaying my visa cancellation due to medical unfitness until I retake my medical test? 0
I got a work permit and moved to the UAE. I had a work permit for 2 months, which was supposed to be changed to residency. But I got medically unfit, and the company off-boarded me the same day.
They gave me a grace period of 15 days before cancelling the visa. In these 15 days, I have managed to get my test redone and am in the process now.
Can I ask my agency to let me stay till I get my reports updated, and not to cancel the visa as it's already in the legal limits?
I entered on 2 March, so my visa expired on 2 May. I have taken 1 test and the results are due by the next two weeks (between 14 April and 21 April).
Can I ask them to hold the cancellation because I am pretty sure my reports will be revised?
Apr 10, 2025
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I have unpaid bank loan and credit cards in Dubai and got a job offer from Kuwait. Can I go there? 0
I have a bank loan in Dubai of AED 20000 and two credit cards from different banks (5000+5000), and the total is AED 30000.
The liability is in Dubai. I left Dubai 10 years ago. Now I have a job offer from Kuwait.
Can I go there?
Apr 10, 2025
91
نزاع بين شركاء مفوضين بالتوقيع على المعاملات البنكية للشركة بشأن شيك وتحويل أموال 0
زوج وزوجة، الزوجة مالكة لشركة بنسبة 50% ولديها شريك أجنبي يملك بنسبة 50%. الشريك مخول بالتوقيع في كافة المعاملات البنكية للشركة والزوجة كذلك لها ذات الصلاحية.
بعدها، غاب الشريك الأجنبي عن الشركة وسافر. ومازالت الشركة نشطة والعمال لايستلمون رواتبهم والشريك قام بتحويل جميع أموال الشركة إلى حسابه الخاص دون علم الشريك الآخر.
ثم تحصلت الزوجة الشريكة على شيك، فقام الشريك الأجنبي بفتح بلاغ خيانة أمانة واستلم زوجها الشيك.
فما هو الحل القانوني من ناحية جزائية وتجارية؟
Mar 27, 2025
69

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326 326 answers •
View allSigning a non-compete clause upon termination of a labor contract 0
Dear sir/madam,
I had signed a labor contract with the Ministry of Labour which had no "non-compete" clause.
Now, I want to leave the company, but my employer wants me to sign the "non-compete" clause in the termination contract.
In this case, is the non-compete clause applicable or not?
Oct 19, 2022
283
Max deduction for severance pay due to damage/negligence in UAE 0
Dear Questioner,
In the UAE, is there a maximum amount an employer can deduct from an employee's severance pay due to damage/negligence?
Apr 26, 2023
195
Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 0
Hi,
I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building.
The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024.
One of the articles in the MoU states:
In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates.
I need help urgently.
Sep 16, 2024
235
ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى؟ 0
صباح الخير،
ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى في حال كون المدَّعِي (فرد) والمدَّعَى عليه (شركة) في الإمارات؟
شكرًا!
Jan 13, 2022
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استحقاق المحامي نسبة من الفائدة القانونية رغم إبرام عقد سنوي بمبلغ مقطوع 0
السلام عليكم،
اتفقت الشركة مع مكتب محاماة على عقد سنوي بمبلغ مقطوع بالإضافة إلى نسبة من المبلغ الذي يتم تحصيله من القضايا.
هل يستحق المحامي نسبة من الفائدة القانونية المقضي بها حكمًا؟
Apr 27, 2022
857

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View allHow to recover unpaid fees from a client who refuses to pay for online consulting services? 0
Hello,
A client of mine used our consulting services online and is refusing to pay. Despite multiple reminders, she still has not made the payment. What legal action can I take against her?
Mar 7, 2025
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Tenant damaged property, deposit insufficient; how to claim compensation? 0
Hello,
A tenant damaged the property I recently purchased upon their eviction, and the security deposit does not cover all of the damages.
I would like to know how I can take action against the tenant. Does any proof need to be submitted? If yes, what proofs are required since I bought an already tenanted property?
What is the timeframe and process to seek compensation for the damages?
Mar 7, 2025
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Is it legal for a landlord to cut DEWA before the rental court verdict? 0
Hello,
I was supposed to renew my rental contract in early February, but due to harassment and threats, we agreed in rental court that we would settle and move out.
Now, while awaiting the verdict, the landlord has gone ahead and canceled DEWA.
What can I do? Isn’t that illegal?
Mar 7, 2025
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Can a civil case delay my deportation after a criminal conviction? 0
Hello,
If I have a deportation due to a criminal case, and while serving time inside, a civil case is opened against me, does that stop my deportation?
Jan 27, 2025
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Can I keep my shop by paying rent in installments despite an eviction case against me? 0
Hi,
I have leased out a shop in Dubai, but due to huge financial losses and my husband's job loss, I can't afford to pay the rent. Meanwhile, my landlord has filed a case for eviction and payment of rent.
Right now, my condition is getting better as my husband has got a job and is ready to pay the rent in installments.
Can I pay in installments and hold the shop even if the judgment goes against me?
Jan 9, 2025
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