Questions & Answers
Questions & Answers
7 available 7 • View allRequest to release the passport in a labour dispute
1
Q: Dear Respected Lawyers,
I am on management visa from Sharjah whose passport was denied by the employer after completing 13 months of service.
They told me passport can't be given until my client in Iraq settles a business transaction dues the company did. Feeling insulted, I resigned on June 20th 2018 and stopped going to the office waiting for my Iraqi client to visit the UAE.
Finally, the client came to Dubai on August 23rd and showed my employer his account where the client lost more than USD 700,000 because of the mismanagement of the project by the employer.
The employer left the meeting room saying I will never get my passport or visa cancelled. He told if ever I report it to the Labor Department, I will be put into trouble through his contacts with senior police officials.
Finally, I filed my labour complaint today for my visa cancellation. Kindly advise whom should I approach at Sharjah Court to file a petition for getting back my passport on an urgent basis.
Humbly requesting your valued positive advice and assistance.

Sep 1, 2018
4332
Claiming passport from the employer after labour dispute
3
Q: Dear Respected Lawyers,
I am on management visa from Sharjah whose passport was denied by the employer after completing 13 months of service.
They told me passport can't be given until my client in Iraq settles a business transaction dues the company did. Feeling insulted, I resigned on June 20th 2018 and stopped going to the office waiting for my Iraqi client to visit the UAE.
Finally, the client came to Dubai on August 23rd and showed my employer his account where the client lost more than USD 700,000 because of the mismanagement of the project by the employer.
The employer left the meeting room saying I will never get my passport or visa cancelled. He told if ever I report it to the Labor Department, I will be put into trouble through his contacts with senior police officials.
Finally, I filed my labour complaint today for my Visa cancellation. Kindly advise whom should I approach at Sharjah Court to file a petition for getting back my Passport on an urgent basis.
Humbly requesting your valued positive advice and assistance.

Aug 27, 2018
1717
Delaying visa cancellation and payment of dues upon resignation
13
Q: Hello Sir!
I worked as a Logistics Coordinator from Sep. 2017 - Feb. 2018 in a free zone company in Dubai.
I resigned with a 30-day notice before my probationary period ends because of unpaid salary and my employer accepted my resignation.
It's been 5 months since I left the company, but my visa has not been cancelled by my employer which is fine for me as I am still looking for a new job as at this time.
My previous employer did not pay me my last 2 months' salaries and has not responded on any of my follow-ups.
My question is at the time that I get to find a new job and need cancellation of my old visa, what if he does not respond?
Will the free zone company still cancel my visa even without my old employers NOC?

Jul 23, 2018
3393
Grounds under which an amount can be deducted from EOSB


0
Q: Hello Sir,
I am working in a trading company for the past 7 years in Dubai. My designation is Sales Executive.
I have resigned from my job and I am in the 1 month notice period. Now the company is telling me that the payment of cheque bounce cases last year will be deducted from my settlement.
Is there any rule stating such a thing that the payment forbidden company has to be deducted from the employee?



Oct 14, 2019
1136
An employer refuses to release the labor dues until the employee agrees to his terms


1
Q: I have been working for a private company (mainland) for 2 and a half years. My contract now is a renewed limited contract. I have resigned.
I have given my company the notice period mentioned in the contract and committed to the penalty for early termination.
According to MOHRE Reply to my email, I am entitled to a gratuity along with the rest of the final settlement as this is a RENEWED limited contract.
My employer intends to do the following:
1- Review all my attendance during the past two and a half years and impose penalties on me accordingly.
2- Not to give me my gratuity or final settlement until I agree to his terms.
3- Not to give me my passport until I agree to his terms.
4- I am afraid if I report them for keeping the passport, they will just deny that they have it.
How do I fight this without prolonging it?
Please help me!
Also note: I am already discussing another offer so I want to solve this quickly. How do I work for another company while fighting this?



May 26, 2021
314
How to claim the incentive after resignation?



2
Q: Dear sir/madam,
I resigned from my job and completed my notice period. The company is not releasing my incentive as I have already resigned.
However, there is nothing mentioned in the incentive policy.
How do I claim it?




Oct 9, 2022
881
Is it legal for my employer to withhold my salary until I leave the country or change status?




1
Q: Hello,
I have given my notice, and my last day is July 24, but the employer is refusing to pay my salary; even the salary for June. Is this even legal?
He claims I'll get everything at once, which is after leaving the country or changing status.





+2
Jul 2, 2024
547
Legal blog
4 available 4 • View allIs a Barter Gratuity Possible in the UAE? 8
Issue: An employee resigned from the job after working for 5 years, and signs a letter addressed to the employer that he wants his gratuity to be paid only after his customer pays the employer. Therefore, has the employer defaulted for End of Service (EOS) payment under the UAE Labour Law?
Oct 5, 2017
9059
Provisions of Limited and Unlimited Labour Contracts in the UAE Labour Law 147
When an employee or employer mentions legal issues related to their labour relationship, the first question to be raised is: do you have a limited or unlimited labour contract? We try here to shed light on the relevant provisions of the limited and unlimited contracts in the UAE labour law pertaining to resignation, termination of employment, notice period and calculation of the end of service benefits.
Jan 5, 2019
83033
How to File an Employment Court Case in the UAE 36
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
11262
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
90620
Laws & Regulations
3 available 3 • 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
103624
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
12407
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
26457

Other answers by
421 421 answers •
View allPayment recovery for delay in the delivery of purchased property 0
Hi,
I need to hire a property lawyer.
I have purchased a property that is still under construction. The handover was supposed to be May 2018 and it has been delayed for over 18 months.
Can you please advise what is the average fee to the lawyer and any upcoming fees?
I would like to either receive compensation for the delay or terminate the SPA and receive what I have paid.
Thanks
Nov 10, 2019
376
Termination of services due to cost-cutting 0
My company terminated my services without any reason except for what they told me that they are cost-cutting.
What are the complete benefits that they have to pay to me beside the gratuity?
I worked there for 3 years.
Nov 10, 2019
957
Court fee for filing civil case of cheque bounce 0
What is the total fee for instituting a civil case for a bounced cheque of AED 4 million?
Nov 8, 2019
4861
Mutual Termination vs Resignation 0
Is it possible to request a mutual termination of the contract from the employer?
My employer recently asked me to submit a resignation. Since it's not legal for him to do this and since I don't mind leaving the company for better opportunities, is it legal for me to request a mutual termination of contract letter?
What are the important things that should be stated in the letter?
Nov 9, 2019
1691
Termination for non-performance and claim for arbitrary dismissal 0
Hi,
I am the GM of a company in the Internet City and the VP Sales MEAA.
My contract has been terminated after 13 years due to some results that did not meet the company expectations.
No process was followed prior to termination. I wish to know if I will have a claim for arbitrary dismissal.
Regards
A. D.
Nov 5, 2019
1086

Other answers by
110 110 answers •
View allHow to act against a civil case for a bank loan 0
Sir,
What will be the procedure when the bank initiates a civil case on a personal loan?
Jan 31, 2019
4185
Liability of daughter against the debts of her father 0
To whom this may concern,
I returned back to Australia after 10 years in Abu Dhabi in 2015. As I turn 18 this year in November, I plan on visiting friends who are in the UAE for about a month.
I would like to travel with them around the country freely without any prosecution from local officials.
My father had to leave the UAE in 2016 for health reasons and has unpaid debts in the UAE, Abu Dhabi specifically.
I would like to know and have it in writing if I would be able to travel freely to the UAE at the end of the year and that I am not liable for my parents' debts/problems as I have no legal responsibilities for their actions.
Kind regards.
Jan 31, 2019
1404
Bounced cheque case for a loan after paying the fine 0
Hi
I have got a call from Dubai Police last week regarding my cheque bounce which I issued to the bank due to default on loan payment on time.
I paid a visit & they referred me to the prosecution & I got fine which I already paid and got clearance.
I want to know if the bank can still file a case against me & I still need to contact the bank for settlement or case clearance.
I am getting too many calls even after that, and the debt collector is actually harassing with the worst behaviour & back to back calls which actually ruined my personal life and put me in depression with high bp.
Thank you
Dec 31, 2018
2475
Repercussions of defaulting on a bank loan and credit card 0
Dear Sir,
I am an Indian national, and I defaulted on a personal loan & credit card payments. I lost my Job and I didn't pay my EMI and credit card payments.
I am seeking help from you, could you help me with this? I am not a willful defaulter. Now, I am In my home country.
Dec 8, 2018
1267
The right action for delaying the delivery of a purchased property 0
I have invested in a villa and it's been 19 months that my villa is still not ready and I haven't got the possession or either copy of the contract which I have signed with them.
How can you help in this regard?
Nov 26, 2018
583
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