Employer is not letting me go to my country for medical treatment, what to do?

Questions & Answers

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Employee's availing of annual leave after exhausting the paid sick leave

Q: Hi, I represent a company and would like to seek clarity for the following scenario: If an employee has exhausted his paid sick leaves of 15 days and is still not able to join work back due to his persisting illness, can the employee opt to avail his annual leaves instead thereafter of avoiding the 50% pay cut due to the availing of 30 days sick leave provision available to an employee? Kindly advise as it would be of great help, please! Many Thanks,

May 17, 2021

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Rights of the employee after termination for taking a sick leave

Q: My company terminated me based on articles 82,83,84 & 85 after I got a stroke in November 2019 when I was on duty and the company took me to hospital. My GM also visited me home saying that no need to submit sick leave as it will cost you every time. Once you're fine come to work. They forcefully took signature on annual leave after one month of my sickness. I was paralyzed from one side and was not in a condition to travel, still, the company issued me a ticket part of the annual leave. Now, they have terminated me and did not pay the salary to me since January 2020 nor are they paying my physiotherapy bills. They didn't even give me any notice period before termination. Please advise what can I do. I have even filed a labour complaint but it's of no use. I am a driver by profession. Please contact me. Thank you

May 10, 2020

1052

Exemption of employee with medical case from serving notice period

Q: Hello, My wife resigned while pregnant and was unable to work during the notice period due to complications related to the pregnancy. The employer is enforcing the penalty to her gratuity because of sick days during the notice period. All work-related duties, handover, were completed and the employer was fully aware of the situation with the pregnancy. Can the employer impose the penalty?

Aug 19, 2018

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Terminating an employee after sick leave and claiming compensation

Q: 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

484

On sick leave. Can my school make me resign? What are my rights if they do?

Q: Hi, I’m a teacher in Dubai and have been given a medical note for sick leave due to mental health. I am currently still in the UK because I found boarding the plane extremely overwhelming in my state, so my sick note was issued by UK doctors. Do I need a Dubai sick note too? My school has given me the option to resign, but I don’t want to do this as I plan to return to work after receiving therapy and medication. What are my rights? I have worked at the school for a year and have a total of three years of teaching experience in Dubai. This is the first time I have ever needed medical sick leave in my entire 10-year career. I know that labor law states I am entitled to 90 days of sick leave, and I don't think my school can dismiss me. However, if they do, will I be entitled to any pay or gratuity? Thanks!

Aug 29, 2024

147

Can my company stop me from leaving due to health issues unless I pay a penalty?

Q: Hello, I have health issues, but my company does not allow me to go to my home country without paying a penalty. Is that right? Should I pay or not? I have already paid 4,500 AED to the company for the employment visa.

Apr 21, 2025

Legal blog

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An Overview of the New UAE Labor Law and Recent Amendments of 2024

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

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Laws & Regulations

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Federal Law No. (8) of 1980 Concerning the Regulation of Labor Relations

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

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Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations

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

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Abdul Wahied Mohammad Sharief

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How to file a case against my former company for unpaid salary I was not on their visa?

Dear Legal Advice Middle East, I hope you are well. I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED. However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid. I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels. This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship. As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline. Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.

Apr 30, 2025

After closing the company, can an investor stay in the UAE until the residence visa expires?

Hello, An investor has a residence visa valid until February 2027; however, he wishes to close the company before the current license expires in December 2025. Can the investor still legally reside in the UAE until the residence visa expires?

Apr 29, 2025

Employer agreed to settle before MOHRE. What if they don’t pay the promised amount?

Hello, I already have a dispute order with MOHRE. Then my employer became willing to settle the case. What should I do in case they do not follow through with the promised amount to pay?

Apr 29, 2025

What can a company do if an employee agrees to stay but then stops reporting to work?

Hello, My employee provided a resignation. Our company offered a salary raise and made a deal with him where he agreed to continue with us, but it’s not on paper. He suddenly stopped coming to work, stating he doesn’t want to work anymore. What rights do we have as a company, and what can we do about it?

Apr 30, 2025

Despite a waiver, the case is still with the public prosecution. Can I travel?

Hello, I had a case regarding fraud by technical means, and we did a tanazul. It was attested and submitted to the court, but the case still hasn’t been dropped and is now with the public prosecution. What do I do now, as I need to travel urgently?

Apr 28, 2025