Questions & Answers
Questions & Answers
8 available 8 • View allArbitrary termination and rights of the employee
4
Q: 1) Since the company is a semi-government entity based in Abu Dhabi, can I challenge the unfair spot termination decision and get 3 months salary (per month salary was AED 7000) and other benefits?
2) Can I claim all my living costs (house rent, bills, car rental, food, telephone, travel/ fuel etc) after notice period finished date i.e. 26 April 2017 as per termination letter (21 days till 17 May 2017 and could end up more weeks)?
3) The termination letter was handed over on 29 March 2017 and last working day was same day but as per termination letter my last working day would be considered as 26 April (that is a difference of 3 days unpaid?)
4) As per my clear instructions to my team to report all necessary matters but in this case, everyone failed to report me and even many Rental Agents kept on renting this vehicle with a low tire pressure sign on the dashboard.
5) Shall I approach the labour court in Abu Dhabi or civil court considering my visa from immigration?

May 21, 2017
5885
Employer's right to deduct debts of employees from their end of service gratuity
3
Q: I was working in a company in the UAE for five years. In the UAE they do not have a retirement plan for expats, only End of Service Allowance (EOSA). My employment contract is an open contract. No contract duration.
I had taken a loan from the company. I borrowed the funds to support my children education. I had been approved for the loan given I have a salary.
The company decided to terminate the employment of about 400 employees. I did not request to be terminated. No package was given at all for compensation except EOSA plus ticket and freight cost.
I recently received the company Draft Final Settlement document whereas the EOSA amount that I was hoping to use to survive and provide food and shelter for my family was taken away completely and applied towards paying the loan.
They fired me, I did not ask to be fired. They have broken their side of the contract.
What legal recourse do I have for not accepting the company literally taking away my EOSA and leaving me bone dry?

Sep 22, 2017
5906
The end of service gratuity calculation upon termination
3
Q: Hi Ma'am,
I have worked for a company almost 12 years as an accounts manager, and the company decided now to outsource a finance team.
The outsourced company offered me a job and they will give me the same package, but I will be working in this company only for 3 months then I will be sent to other clients as well.
This is an Indian outsourced company and I have taken a decision that I am not willing to work with an outsourced company which is unknown to me.
I am working as per JAFZA visa for 12 years. The company gave me a letter with subject stating the cancellation of the contract and I will be served for 30 days notice period.
So, can you please explain to me how I will go through in this situation and what benefits will I get as per JAFZA rules and regulations?
Thanking you in advance for the help and I wait for your reply in this.

Jan 23, 2018
5184
Computation of arbitrary dismissal upon termination
2
Q: Good afternoon Hari,
I have been given a termination letter by my company and asked to leave without serving the notice period.
The company said they will pay me for the 1 month notice period salary and extra 1-month salary. As per the law, I'm supposed to get 1 month notice period salary and another 2 months salary, right?
Just to let you know, I am on an unlimited contract. The notice period mentioned in the contract is 1 month.

Sep 11, 2019
674
Forcing an employee to sign that he received all dues while he did not
2
Q: My employer terminated my service in Nov 2020 and is yet to clear my last salary and EOSB.
I approached MOHRE in Feb and they approved my complaint and directed my employer to settle the payments which he is still avoiding.
Meanwhile, my family's visas will expire in 2 weeks and I cannot send them back to my home country in this pandemic. Can I renew their visas under this situation? If yes, what is the procedure?
My visa is still valid, but the company did not renew my work permit. The employer does not care about me and my family's problems that he is the cause of.
I cannot cancel the visa as he insists that I sign that I received all dues.

May 19, 2021
525
Terminating an employee without notification while there are unpaid salaries

3
Q: My employer terminated me at 5:30 on a Thursday before I leave at 6:00 PM for an argument I had with HR.
I passed the probation and they didn’t pay me for one month / 3 months and it’s an unlimited contract! I’m going to sue the company but want to know if this case will be taken seriously!
Note: the employer is a DIFC company.


Oct 20, 2019
617
Can an employer revoke what is offered in the termination letter?

3
Q: Dear sir/madam,
My employer mentioned what they owe me in my termination.
Later, after they fired me and I filed a court case, they sent me another letter telling me if I don’t sign the visa cancellation letter by 2 pm, the amount (which was already mentioned in my termination letter as part of our contractual agreement) will not be paid to me.
This is a small local company and I understand that “without prejudice” is not recognized by the UAE labor law. I, therefore, wonder why they labeled it as such.
Signing the visa cancellation document mean I had to (falsely) confirm that I received all my dues and that I would waive all my legal rights in bringing a claim. Therefore, I didn’t sign.
Question 1: Are they allowed to revoke what they already offered in the termination letter, after they fired me?
Question 2: Is it legal to make the payment of one’s dues subject to signing the visa cancellation? (Can you think why they made it “without prejudice”?)


Dec 25, 2022
299
What is the compensation for termination with 30 days notice period?

3
Q: Dear Sir/Madam,
What is the compensation for termination with 30 days notice period?


Oct 5, 2023
326
Legal blog
3 available 3 • View allI Have Not Been Paid By My Employer For 3 Months, What Should I Do? 14
An interview-format article covering the topic of employment in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. In this article, Ludmila informs readers what they should do and where they should go if they have not been paid by their employer.
Feb 5, 2020
9524
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
11232
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
90219
Laws & Regulations
4 available 4 • 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
103588
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
Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions 14
The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.
Jan 15, 1992
19085
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
26348

Other answers by
453 453 answers •
View allTerminating an employee after sick leave and claiming compensation 0
Hello,
My employer fired me under Article 44 for not showing up for work for 7 days in a row. But that’s not the case at all. I was sick and the management was aware and they let me go.
I went to another country to get treatment because it’s expensive in Dubai. My employer did not pay me my salary for the month I worked and fired me.
I have official sick leave from another country and there is correspondence where my employer sent me to another country for treatment.
The problem is that the employer says that he will take compensation for the training that was specified in the contract, but I did not undergo training at all; I immediately started work from the first day of work and there was no training.
Does my employer have the right to charge me such a fee and not pay my salary?
Feb 29, 2024
450
How to make the seller hand over the tenant's security deposit to the buyer upon completing a sale? 0
Should the seller in Dubai hand over their tenant's security deposit to the buyer upon completing a sale?
Who is responsible for managing this process?
At the time of the exchange, the broker said he would follow up with the seller and collect the deposit.
He hasn’t, and the seller has not handed over the deposit.
Feb 8, 2024
416
How to deal with in-laws provoking and recording reactions? 0
Dear Sir/Madam,
My husband's family constantly provokes me and then records my every exaggerated reaction.
Now I'm worried that they might use those things against me.
Feb 8, 2024
236
How to cancel the MoU to buy an apartment with the broker if the bank did not approve the loan? 0
Hi,
I have a situation where I signed an MoU and gave my security deposit to the seller's agent. However later, the bank valuation of the property is lower than the selling price.
On my MoU, it has a clause that “the buyer has a right to cancel/negotiate if the bank valuation is not the same as MoU.” I tried to negotiate, however, we didn't agree on the price so I asked to cancel.
Now the agent is threatening me that they will not cancel the MoU and that will deposit my cheque. Later I also came to know that the person I am dealing with is not the same person whose name is mentioned as a broker in the MoU.
The agent I am dealing with is constantly messaging me with threats. I decided not to speak to him and instead, I wrote an email to the broker whose name is mentioned on the MoU but received no response.
I am on a very tight timeline as I need to vacate my apartment in 3 weeks, I found another unit but I don't know if I can pursue this while the initial MoU still not canceled.
Please, I need advice.
Feb 8, 2024
612
Employer asking for visa reimbursement after resignation: do I need to pay? 0
Hello Sir/Madam,
I have already finished my first year with my company and resigned.
My employer is asking me to reimburse the cost of my visa because I did not finish my two-year contract.
Do I need to pay? The cost is 7,000 AED.
Oct 20, 2023
796
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