Questions & Answers
Questions & Answers
5 available 5 • 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
3646
Eligibilty for the end of service benefits after changing status
1
Q: Hi Sir,
I have a quick question for you.
I established a business registered in DMCC 10 years ago that I sold at the end of 2016.
I had an agreement to remain in the business until the end of 2017. I am currently exiting the business.
My question is, am I entitled to the end of service benefits being currently employed by the new owner?
If yes, is the calculation from the beginning of my employment or at the date I sold this business?
Many thanks,
Best regards,
Nicolas

Mar 26, 2018
370
Calculation of the EOSB upon termination of employment contract
0
Q: Hi Rajasree
I have worked for a company for 2 years. We have two companies with different names one in Dubai & the other one is in Sharjah.
My first visa was in Dubai; after that, there was some financial problem in the Dubai company so they changed my second visa to the Sharjah company.
They have given me a gratuity of 21 days of the month, but now they are telling me it is a wrong calculation (1/3 of 21 days). But this case is applicable only if I resigned from the job.
I am not resigning, which means the company terminated me and changed to the Sharjah company.
Kindly provide some suggestion.

Nov 4, 2018
2839
Non settlement of dues by company after arbitrary termination
0
Q: Assalamu Alaikum,
I was transferred to India by my Dubai company on Jan 1, 2019, and was informed that my settlement would be completed prior to leaving as mentioned in their transfer letter.
However, they have only given me 50% of the settlement, and have kept the salaries of Jan and Feb pending, which are yet to be paid.
By the end of Feb, they suddenly sent me a termination letter and since then, I've been following up on my pending settlement as promised, and my pending salaries for 2 months.
I need to know what is the course of action I can take here as the company is rarely responding to my emails, and when they do, they just keep giving me false promises.

Apr 30, 2019
320
Is the commision paid to employees included in the VAT system?
2
Q: I work for a UAE-based broker, and we earn commission from our agents (employees) introducing and recommending clients to a provider.
Once the client transacts with the provider, we (the company) get paid a commission. I understand that commission received by the company is subject to VAT due to the service provided.
Our employees are paid both a salary and commission, and commission payments are directly related to the clients they (the employees) have introduced to the provider.
Should we be applying input VAT to the commission paid to agents?
It is considered a sales expenses and considered an operating expense on the income statement.
I appreciate any help you can provide.

May 26, 2022
639
Legal blog
1 available 1 • View allAn 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
90598
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
103618
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
26453

Other answers by
245 245 answers •
View allHow to lift a permanent ban imposed due to chest scars? 0
Dear sir/madam,
I am from Pakistan. My question is:
In 2013, the UAE imposed a permanent ban on me for health reasons because there were scars on my chest. I did my medical examination again in my home country and there was no issue now.
I want to lift my permanent ban. What is the process?
Jul 4, 2022
849
Traveling to GCC countries after being deported from the UAE 0
Dear sir/madam,
I got deported from the UAE in 2020.
I want to know if I can go to other GCC countries for employment.
Jun 3, 2022
2949
How to know if I have a ban for resigning before finishing probation to return to the UAE 0
Hi Mr. Younis,
Hope you doing good.
I see a lot of amazing replies from you where you give a clear picture of what needs to be done next. I would like to thank you for this support.
In my case, I am working with a private company called [----]. I have to leave the country and go back to my hometown due to an emergency on an immediate basis.
I have not finished my probation period and the contract is limited. I have completed 5 months with the company.
Will I get banned?
Please help.
Jun 1, 2022
350
إمكانية ضم المحضون لوالدته في الإمارات بعد سفره مع أبيه إلى سوريا 0
السلام عليكم،
أنا متزوجة منذ ٦ سنوات في الإمارات ولدي طفل عمره ٤ سنوات. طلب مني والده أن يأخذه إلى المول كي يلعب وذهب به إلى سوريا.
أريد أن أحصل على حكم محكمة بضم المحضون وحكم نفقة، وأريد أن أتأكد هل فعلاً يوجد قانون أو اتفاقية بين البلدين بهذا الشأن؟
Jun 2, 2022
228
How to get a divorce and split a joint property after I caught my husband cheating on me? 0
My husband and I are Romanian. We got married in Seychelles and live in Dubai. We own an apartment we bought one year ago.
I caught my husband using prostitutes. I have proof of it as entry logs to my apartment when I was at work, many girls have visited.
I want a divorce. Can my husband claim the apartment as it's jointly in our name?
Can he get into trouble for using prostitutes in Dubai?
Jun 4, 2022
370

Other answers by
68 68 answers •
View allOptions for dealing with a divorce case while being abroad 0
Is it possible to have a divorce case and leave the country?
Do I have to stay in the UAE if the divorce is still not done?
The procedures are very slow and I cannot be in the UAE in the upcoming months.
What are the options for dealing with the divorce and the court while being abroad?
Jun 29, 2020
1243
Filing bounced cheques cases to force payment 0
What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company's name) in Sharjah?
Could we file a civil suit for the same as the person doesn't get released until he pays & clears the cheque amounts?
Are we also eligible to claim the damages & losses?
How much could be claimed for damages?
Please define with your best knowledge.
Thanking you for your kind cooperation.
Jun 8, 2020
506
How to guarantee my right in accrued leave days or payment 0
Dear Sir,
My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off.
However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets.
My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?
Jun 4, 2020
568
How to guarantee labour rights before signing the cancellation paper 0
Good morning All,
I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020.
Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan.
The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE.
They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee.
The company that I worked for is located in Dubai and is a private organisation.
Jun 4, 2020
515
Following up on a labor case after traveling to the home country 0
After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period.
I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me.
I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well.
I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?
Jun 4, 2020
1559
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