Questions & Answers
Questions & Answers
3 available 3 • View allمَن يتحمل تكاليف الإقامة في حالة استقالة العامل قبل انتهاء عقد العمل؟
8
س: السلام عليكم،
تحية طيبة وبعد،
كما هو معلوم فإن قانون العمل الجديد رقم 33 جعل جميع عقود العمل محددة المدة، ولدينا الأسئلة التالية:
1. مَن يتحمل تكاليف الإقامة في حالة استقالة العامل قبل انتهاء عقد العمل؟
2. إذا كان قانون العمل يتيح لصاحب العمل تحميل العامل تكاليف الإقامة في حال استقال قبل انتهاء عقد العمل، فهل يمكن لصاحب العمل وضع شرط جزائي في عقد العمل ينص على تحميل العامل تكاليف الإقامة عند الاستقالة قبل تاريخ انتهاء العقد؟ وما الحد الأعلى للشرط الجزائي؟

Jun 13, 2022
3676
Rejecting a legally submitted resignation of an employee
7
Q: Dear Sir,
My name is S. Mohamed Raazith.
I have been working in Abu Dhabi for the past 1 year and 7 months, my visa is on an unlimited contract and my notice period is 1 month.
I got another offer from a company which is also in Abu Dhabi. I submitted my resignation on September 4, 2018.
Now, my company is saying that I need to wait until a replacement comes or complete the contract and go like that.
If I go to the Indian Consulate in Abu Dhabi, will they help? I need to join my new company as soon as possible.
Please advise me.

Sep 27, 2018
5507
Employer refuses the resignation of the employee and forces him to leave country

21
Q: Hi
I submitted resignation to my company in the UAE but the HR department is not accepting my resignation.
20 days passed and I have also requested them many times to accept my resignation and they are refusing to accept it.
But after 20 days, the management is terminating me and saying "we will not cancel your visa and will not allow you to work for another company."
They are saying "we will send you back directly to your home country without any notice period."
I have a job offer from a company in the UAE.
Please advise.


Jun 28, 2021
2040
Legal blog
2 available 2 • 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
83128
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
92258
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
103741
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
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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
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إمكانية إزالة الحظر بسبب فيروس نقص المناعة والعودة إلى الإمارات 2
مرحبًا،
أثناء التقديم للإقامة في دولة الإمارات، تم تشخيصي واكتشاف إصابتي بفيروس نقص المناعة المكتسبة، ومن ثَم تم ترحيلي إلى بلدي.
التزمت بجميع الأدوية والآن نسبة الحمل الڤيروسي في دمي صفر.
مع العلم أنني ملتزم بأخذ العلاج.
هل يمكنني إزالة الحظر الدائم الذي فُرض عليّ واستخراج ڤيزا زيارة أو إقامة من جديد؟
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Can I resign with one month's notice period?
Because the new employer has only allowed 1 month. What will I do?
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صاحب العمل يطالب بدفع تكاليف التدريب. هل هذا قانوني؟ 3
السلام عليكم،
أعمل في القطاع الخاص بعقد عمل سنوي محدد المدة (عقد داخلي ودوام جزئي). قدمت استقالتي قبل انتهاء العقد بشهر وذكرت في رسالة الاستقالة أنني سأدفع بدل فترة الإخطار.
صاحب العمل أخبرني أنه يجب عليّ دفع مبلغ 5 آلاف درهم كلفة تدريب وقد وقعت على ذلك في العقد وأنا أظن ذلك، لكنني في الواقع لم أتلقَّ أيَّ تدريب من جهة ثالثة، فقد علمني الشخص السابق في مكاني بشأن العمل فقط.
لذلك هل يحق له فعل ذلك؟ وإن لم أدفع المبلغ له، فماذا يمكنه أن يفعل؟
شكرًا لك!
Nov 2, 2023
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هل يمكن لصاحب العمل إصدار حرمان عمل إذا أنهيت عقد العمل قبل انتهاء مدته؟ 2
مرحبًا،
طاب يومك!
أعمل في شركة في القطاع الخاص بعقد سنوي محدد المدة. أمضيت منه حوالي 11 شهرًا وأبلغت صاحب العمل ببريد إلكتروني رسمي منذ شهر بالضبط بأنني أريد إنهاء عقد العمل في نهاية الشهر الحالي وأنني سأدفع بدل للفترة المتبقية من فترة الإخطار.
لا أتوقع موافقة صاحب العمل على الإنهاء، لذلك هل يمكنه التسبب في صدور حرمان عمل ضدي؟
شكرًا!
Oct 31, 2023
153
صدر حكم عمالي لصالح العامل. ماذا يحدث إذا امتنعت عن السداد؟ 2
السلام عليكم،
رفع عامل لدي دعوى عمالية وصدر الحكم لصالحه. استأنفت الحكم وصدر أيضًا لصالحه وهو الآن فتح ملف تنفيذ بتاريخ ٥/٩/٢٠٢٣ وتم إعلاني بالتنفيذ.
مع العلم أن المبلغ المطلوب ٤٠ ألف درهم وليس لدي كل المبلغ المطلوب. ماذا أفعل؟ وماذا سيحدث إذا امتنعت عن السداد؟
مع العلم أيضًا أنني كنت أضع له راتب ٣٠ ألف درهم. هل يمكن تقسيط المبلغ؟ وما أقصى مدة لتقسيط المبلغ؟
أريد إجابة وافية رجاءً.
شكرًا جزيلاً!
Sep 18, 2023
376
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