Questions & Answers
Questions & Answers
9 available 9 • View allGratuity calculation in case of work for different branches of the same company
1
Q: In regards to the UAE Labor Law and the application of End of Service Gratuity, if an individual was employed by another branch of a company before transferring to an FZE branch UAE based employment contract, would that be considered continuous employment?
For example, the initial employment was in another Middle East location(s) within a European registered branch; however, all administration (HR / Management oversight) was conducted by FZE entity, after which, in acceptance of promotion, a relocation to the UAE and an FZE contract was entered.

Jun 1, 2017
3639
Calculation of the End of Service Gratuity upon termination
5
Q: I am looking for advice on how to best proceed with receiving the amount of gratuity promised in my contract. I have worked for my employer for 4 years on an unlimited contract.
One month before my visa renewal, the employer informed me that they will not renew my visa and will end the working relationship. My contract states that my basic salary is AED 13,000, with no subdivisions.
Now, the employer claims that this was a mistake and they meant to write AED 6,000 as basic salary and allocate the rest for travel, living etc. They are only willing to pay the gratuity based on this amount.
Please advise, what is the amount the employer owes me as gratuity and how to proceed?

May 13, 2018
4660
End of service gratuity calculation
34
Q: Hi there,
If you could please let me know how is End of Service gratuity calculated for resigning employee on unlimited employment contract in Dubai?

Jan 31, 2017
13319
EOSB calculation in an unlimited contract
1
Q: Hi
I've recently resigned from the company I worked at 4 yrs and 9 months. I submitted my resignation on 16th of Oct, and now the company informed me they are going to terminate me for my poor performance.
It's a semi-government company and I'm having 2 months' notice period with last working day on 15 Dec. Contract type- unlimited.
Am I entitled to receive my end of service benefits...etc?

Nov 4, 2018
646
Termination of limited term contracts by the employee and its effects
4
Q: Dear Madam,
I am a doctor, working on a limited contract in a private hospital. I finished one contract of 2 years + one more year. I am planning to terminate the next contract in the middle.
In the contract, it is mentioned 3 months notice period with 3 months full pay compensation for either party. I understand, as per the UAE labour law, only half of 3 months notice period with 45 days compensation.
Please clarify & advise.
Thank you,
With regards
Dr N.

May 20, 2019
1699
Can the employee claim additional damages if the company ceased operation?
0
Q: Dear Mr Bakheet,
The company that I have worked at for 4 years as a regional sales director had decided to cease its operations in the Middle East and Turkey (my scope).
The management took this decision to protect global profitability and to increase the shareholder value. 3 weeks ago, the decision had been announced in that way over a webcast to all the employees.
Instead of complete closure, the legal entity will be kept but the payroll will be terminated by end of September after a legal notice period of one month (I have received today itself), which will be starting the beginning of September.
The company offers the legal end of service based on fix salary only without any additional damages payment or commissions included. Is there any additional damages payment by the UAE law? Any ex gratia practice in this case?

Aug 20, 2019
386
Status of resignation in case of working for different companies
1
Q: Hello Raluca,
I have recently decided to resign from my position from my company as I have completed 6 months duration and am on an unlimited visa.
My query is that the company that I am actually working for which I want to resign is not the same company that has provided me visa and contract.
And as per the law, I am required to serve at least 30 days of notice period and I don't want to be in a situation where I serve my notice period with my existing company but then they file a case against me later on via the other company that actually gave me visa and contract stating that I have not completed my 30 days notice period.
Can you please guide me on how to take this situation forward?
Regards,
A. M.

Oct 16, 2019
606
Forcing an employee to serve 6 months notice period


1
Q: I have been working in Dubai as a manager in the facilities management industry for the last 16 years. Now I got a government job in the UAE and I submitted my resignation with one month notice period.
My employer refused to accept my resignation and asked me to provide 6 months notice period. My residence visa will expire 65 days from the date of my resignation.
I convinced my new employer to wait until my visa expiry. My current employer threatens me that he will file a case against me to delay my cancelation to stop joining a new company.
Kindly advise what I can do in this situation!



May 31, 2021
770
Can I claim my six years' gratuity if I took a vacation after my 4-year contract?

1
Q: Dear Lawyers,
Have a good day!
Do I have the right to claim my six years' gratuity even if I go on vacation after completing my 4-year contract?


Oct 7, 2024
75
Legal blog
3 available 3 • View allProvisions 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
83014
Differences Between Limited & Unlimited Contracts 5
An interview-format article covering the topic of employment contracts in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. Ludmila discusses the aspects of limited and unlimited contracts, like the end of service, notice, arbitrary dismissal...etc.
Mar 17, 2020
4598
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
90377
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
103602
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
12402
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
26385

Other answers by
522 522 answers •
View allThe maximum notice period employers can put in the contract as per the new labor law 0
Our internal contract has a notice period of 3 months from both parties. In the new labor implementation, only one month's notice is required for less than 5 years of service.
Please advise if we can follow our internal contract since the position is very curtailed and the organization will not be able to replace the position within one month.
Sep 8, 2022
344
Annual leave salary calculation as per the new labor law 0
Dear sir/madam,
Annual leave salary calculation as per the new labor law.
Can you please clarify the correct annual leave salary rules?
Some say it is basic + HRA for the month you will take off, others say it is full salary, and somewhere I read it is basic + HRA (annual leave salary) plus the normal salary you get.
Can you please clarify?
Thanks for your valuable time and kind assistance!
Sep 7, 2022
2649
I want to dismiss an employee under article 120. Do I need to pay him the EOSB? 0
I want to dismiss an employee under article 120/44 of MOHRE labor law. I want to know if we need to pay him his complete end-of-service benefits.
Jul 26, 2022
363
What happens WPS system if my employer deposited less than my salary? 0
Dear Madam,
My salary is 5000 in WPS, but in June, my company deposited 1000 by mistake.
Is there any chance to rectify or deposit the 5000 dirhams again?
Jul 13, 2022
357
How to appeal the labor judgment if the court did not approve all my dues? 0
My employer has not paid my salary for 8.5 months. I went to the labor court, and was referred to Dubai Courts.
The judgment came and I did not receive the full claim including salaries and 3 months' compensation.
Please advise whether I can go for an appeal and what will be the time for execution.
Need your valuable advice.
Jul 9, 2022
392
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