Questions & Answers
Questions & Answers
10 available 10 • View allIs waiver of end of service gratuity legal in the UAE?
7
Q: Employee Waiver Agreement, is it legal?
Our employer did not pay our final salary and end of service gratuity. They demand that we sign this agreement, and if not, we were told we receive no money.
After signing the waiver, the employer has not paid. It appears they never planned to pay. They planned to show the document in the court.

Aug 3, 2017
5699
Holding gratuity and labor entitlements after resignation
16
Q: Hi,
Good day.
I have been working with a company for 5 years and a half. Then I applied for my resignation (with a 1 month notice period as per my contract) and my service ended on June 30, 2018.
A month after, my manager contacted me and asked me to sign some "pre-termination" paper. When I asked about my gratuity payment, He mentions that I can get it within a month or two and that if I still didn't receive it, I can still have grounds for complaint that I can submit to the Ministry of Labour.
However, I still declined to sign any letter. They then just told me that they'll contact me if ever the cheque is ready.
My question is:
- Was my action right by not signing any papers considering I had no guarantee of receiving my gratuity?
- Also, since I'm still looking for a job currently (and I want to settle things amicably), is it an option for me to simply just wait it out until they contact me again with regards to my cancellation and gratuity?
Thank you and have a nice day.

Aug 20, 2018
10957
Claiming the end of service benefits from the previous employer
0
Q: Hi.
I resigned from a company 8 months back but I didn't get my settlement and pending salary, and I was asked to sign the settlement paper for visa cancellation.
Since I was about to join another company, I signed the paper and wrote an email to the HR saying that I'm yet to get my settlement when I left the company. It's been 8 months and I registered a complaint against them.
They are saying that they will put a criminal against me saying that I stole materials and I used to get commission from suppliers and subcontractors, which is not true.
From my side, I have two disputes even though I have not got any money from anybody and I have not stolen as claimed by them.
1. I was planning to start a business with one of my subcontractors and I abandoned that plan. My company is aware of that.
2. I accepted one of my subcontractor's invoice bill before the LPO was issued to them as instructed by my project manager.

Nov 20, 2018
1634
An employer makes up a story to cause problems to an ex-employee
6
Q: My ex-employer filed a case against me that I owe the company 30k AED which is just a made-up story.
I filed a case against his company for not giving the correct amount of my gratuity pay and I won the case in the court. Now after the decision, he made up a complaint that I owe them 30k AED which is not true.
Now my question is: can I also complain against my ex-employer for making up a story that I owe him 30k AED and doing this to me as harassment?
What case can I file against him?
Thank you for your answer, sir!

Oct 13, 2020
2035
Will the appeal court listen to the employer's fake allegations and judge in his favor?
1
Q: Hi,
I have won a case of dirhams 8400 but my company has filed an appeal case and has put fake allegations on me of 20 thousand dirhams.
When I went to submit the memorandum reply, 3 people have advised me that since the claim value of the case is less there is no need for any reply to the memorandum.
My hearing for final judgment is now decided for next month. I'm still scared if I will not receive my payment and if I have to end up paying 20K to my employer.
Please suggest. Also please advise what happens if I lose this appeal case.

Jun 14, 2021
695
How can I get my pending salary and labour rights and remove absconding case?
2
Q: Good day.
I just want some help and advice regarding my case.
Last July, my employer sent me to jail. After holding me for a week, the court found me innocent and sent me out of jail.
After I cleared my case at the court and took my passport, the CID called my employer to cancel my visa, they said that they will cancel it and also bring our things to the embassy, as well as our pending salary.
But until now they didn't do it. I went to immigration to check my status but they told me my employer filed me absconding after I cleared my case.
I filed a complaint to the labor as well and they proceeded to the court, but I didn't get any response yet.
What should I do to proceed with my complaint?
And is there any possibility to clear my absconding because I have court documents when they sent me to jail before?
Best regards,
R.

Jun 28, 2021
356
المطالبة بالتعويض عن تأخُّر صاحب العمل في تسليم المستحقات
2
س: السلام عليكم،
هل يمكنني المطالبة بالتعويض عن تأخر صاحب العمل في تسليمي مستحقاتي والتعنُّت وتأخير الإلغاء وأي تقصير آخر، وذلك في نفس الدعوى العمالية المتعلقة بالمستحقات؟

Jun 2, 2022
2911
رفع صاحب العمل شكوى على العامل بعد مرور أكثر من سنة ونصف من تركه العمل



2
س: السلام عليكم،
هل يحق لصاحب العمل رفع شكوى على العامل بعد مرور أكثر من سنة ونصف من تركه العمل وانتقاله إلى صاحب عمل آخر؟
يطالب صاحب العمل برد مبالغ حصل عليها العامل من الشركة التي يعمل بها على أنها رواتب قديمة ومستقطعات وبدلات وذلك بعد أن رفع العامل قضية عمالية لمستحقاته التي لم يمر عليها أكثر من عام وحكمت المحكمة لصالحه.




Oct 22, 2022
574
How to report an employer who falsified evidence?

1
Q: Dear Sir/Madam,
A previous employer has pressed criminal charges against an individual and taken statements from staff members as evidence to submit to the public prosecutor.
If the employer has added additional information to the witnesses' statements to solidify his case, is that considered falsifying evidence?


Aug 28, 2023
153
An employee faces fabricated legal action after resigning. What to do?


1
Q: Hello Sir/ Ma’am,
I worked at an automotive trading company, but due to personal issues, I had to resign. I served the proper notice period and left the organization in October 2023.
After leaving my job, I offered an additional 5 days to assist if still they had any queries. Ten days later, I requested them to settle my Full and Final (F&F) dues and cancel my visa.
However, I received no reply. After a final reminder, they informed me that I had to rejoin the company, or they would file a legal complaint against me.
In response, I lodged a complaint with the labor authorities. When the labor department contacted my former employer, they filed a false complaint alleging loss and damage caused by me.
I would appreciate your advice on how to handle this fabricated complaint.



Nov 27, 2023
253
Legal blog
3 available 3 • 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
9065
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
11265
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
90847
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
103649
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
12412
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
26532

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
382
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
959
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
4868
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
1695
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
1090
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