Questions & Answers
Questions & Answers
3 available 3 • View allRetrospective change in the HR policy regarding gratuity
2
Q: Hi,
I need advice on an HR related matter:
1. I joined the company on 19th Nov. 2014. That time, the company’s Internal HR manual says the gratuity is applicable to all employees post completion of 1 year of service.
2. In January 2018, the company changed the HR Manual. The point regarding gratuity has been changed from 1-year applicability to 5 years.
3. The issue is that they applied the new HR policy retrospectively and not prospectively. They are applying the new gratuity provisions on all employees even if they joined before the implementation of the new HR Policy.
4. Query:
a. Strictly on Legal terms, can any change in HR policy be applied retrospectively?
b. Am I right in asking that the benefits to be applied should be based on older HR Policy (which is applicable at the time of my joining i.e., Nov 2014), rather than the New HR Policy which is implemented in Jan 2018?
I would also like to have the written/official response from you on this on letterhead.
Please advise on charges.

Mar 18, 2019
1579
What takes priority: contractual agreement or law?

1
Q: I purchased a commercial shop and seller left Dubai immediately after that.
There's loan with the bank in name of shop.
1. Fed Law No.18 of 1993 CL 47(1) says that the person upon whom the title to the business premises has devolved shall remain liable for the debts, if the creditors of such debts submit a statement thereof within the said prescribed period and........
2. Clause 47 (3) says: Furthermore, the disposing party shall remain liable for the debts related to the business premises and which have arisen prior to the notification of the disposal unless he is discharged therefrom by the creditors. What is the difference between the two?
Our sale agreement CL 8 says First Party (seller) bears all obligation owed by the Sold shop in favour of others including rents, wages, salaries, fees, taxes, fines .... and all other expenses related to the Shop until the date of registration of sale with the competent authority.
What takes priority, sale agreement or Fed Law and who has liability for the loan?


Mar 3, 2017
676
HR policies with regards to the end of service gratuity
0
Q: Hi,
I need advice on HR related matter:
I joined in Nov 2014. That time the HR manual applicable says that the gratuity is applicable post completion of 1 year of service. Since the same is more beneficial as compared to labour law, the same is applicable.
Now, the company changed the HR manual in January 2018, wherein they mentioned that the gratuity is applicable only for employees completing 5 years. The issue is that they applied the new HR policy retrospectively and not prospectively.
I need advice on whether the HR Policy can be applied retrospectively or not. Is it legally binding?
Can they apply the new policy (with respect to gratuity) on employees who joined when the older HR manual is in force?
Should the older gratuity rule be applicable to all the employees who joined before implementing the new HR Manual?
If you need any additional info, would be happy to share. I would require written advice from your end. Please advise on the charges accordingly.

Mar 19, 2019
834
Legal blog
1 available 1 • View allAn Overview of the New UAE Labor Law and Recent Amendments of 2024 235
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
94076
Laws & Regulations
3 available 3 • View allFederal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75443
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
103846
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
27420

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كيف يمكنني الاستعلام عن قضية إبعاد أمني ومحاولة العودة إلى الإمارات؟ 0
السلام عليكم،
أود الاستفسار بشأن قضية إبعاد زوج خالتي من دولة الإمارات العربية المتحدة. زوج خالتي كان مقيماً في الإمارات وكان قد وُلد وترعرع هناك.
في عام 2013 تم إبعاده من الإمارات، وكان ذلك نتيجة لسياسات حكومية كانت تستهدف مجموعة من المقيمين في تلك الفترة، وهو لم يكن قد ارتكب أي مخالفة في ذلك الوقت وكان يُعتبر ضحية للسياسات المتبعة.
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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
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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.
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My hair was damaged by a very known and professional salon. Can I seek refund and compensation? 0
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What is the responsibility of the employee in case of leaving before the end of the notice period? 0
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How to reduce agreed salary deductions if they are too high and affect our livelihood? 0
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My coworkers and I were punished by deducting the value of the materials from our salaries, as the company deducted 15 days per month until the full amount was paid.
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If the Public Prosecution appeals a not-guilty verdict with no new evidence, will it stay the same? 0
Hi Sir,
My husband had a judgment where he was found not guilty, as the misdemeanor court stated that it doubts the charges against the accused and found no conclusive evidence except the statements in the report files.
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Am I entitled to take 15 days' leave immediately after my probation period ends? 0
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Am I required to replace an old fridge owned by the landlord if it can't be repaired? 0
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What is the responsibility of the employee in case of leaving before the end of the notice period? 0
What is the responsibility of the employee?
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How to reduce agreed salary deductions if they are too high and affect our livelihood? 0
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Can I ask the execution court to request MOHRE to seize the labour card of a debtor? 0
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Seizure of MOHRE Labour Card by Dubai Execution Court
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