Questions & Answers
Questions & Answers
7 available 7 • View allThe legal status of overstaying in the UAE due to a labour case
5
Q: Hi Sir,
My company did not pay my final settlements till now as I resigned from August 2018.
I filed a case in MOL and I am waiting for the court judgement paper. My visa was cancelled in August and now I'm overstaying in the UAE.
Please clarify my question. If my company did not pay this overstay fine, what action do I need to take?
I want to go to my home country. I am not changing any job here.

Dec 15, 2018
3393
Claiming entitlements upon resignation for delayed salaries
0
Q: Hello all,
I was working under an unlimited contact on an LLC company for about a year in Abu Dhabi. Since I started working, I haven’t got paid on time.
So after a year, I resigned from the company by emergency resignation whilst I had 2 months' pending salaries.
Now it’s been 49 days since I submitted my resignation and my company is delaying my payments, though my work permit has already been cancelled by them.
So can anyone give some advice to take further actions?
I’m currently staying on my notice period, so is it ok to file a case against them? Will it take longer?

Sep 17, 2018
780
Extending the grace period until the end of labour dispute 
8
Q: Q. Visa Cancelled, the grace period is about to finish while there is a pending case in the court against my employer.
Good evening.
I have cancelled my visa, and the grace period is about to end in a week, while I have a pending case in the court against my employer.
Can I get permission for overstay to avoid the fine and blacklisting?
Can I engage the services of a law firm if I cannot do it by myself?
Politely requesting to assist me, please. I am in a big trouble.
Regards,
Mike

Mar 14, 2018
5513
Possibility of resigning and returning to home country upon visa expiry
0
Q: My visa is expiring in a few days. Can I resign now and go back to my country? Or do I have to renew my visa and then resign?

Dec 23, 2018
543
Cancellation of visa after expiry while labour case is running
8
Q: I have a pending labour case against my employer for pending salaries. The case has been in court for the last 18 months. MY VISA ALREADY EXPIRED. Still waiting for judgement.
I have some serious health issues and I want to go to India for treating and will come back on visit within one month. So can I request to cancel my expired visa without a ban? Is it possible?
Waiting for your valuable advice.

Nov 24, 2019
2840
What can I do if I want to sue my employer and my visa is expiring soon?
1
Q: Hi,
I am about to file a case against my employer.
My employment visa will be expiring in the fourth week of April and I want to get a freelance visa or register with a freelancing company. Is there a way I can do this?
Otherwise what happens? Will I have a valid visa and ID? How can I apply for a temporary work permit?

Mar 30, 2021
379
How can I avoid overstay fines if my visa expires during an ongoing labor dispute?

0
Q: Dear Sir/Madam,
When my visa expires and there is a dispute with the employer and with an ongoing court case, how can I continue without a fine after the visa expiry?


Nov 22, 2023
64
Legal blog
3 available 3 • View allWhat Happens If I Overstay My Tourist or Resident Visa in the UAE? 35
An interview-format article covering the topic of overstaying your tourist or resident visa in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. Ludmila discusses the aspects of overstaying, like fines, grace periods, exemptions...etc.
Feb 16, 2020
49215
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
90221
UAE Amnesty Scheme 2024: What You Need to Know 16
The UAE attracts a large population of expatriates from around the world for business or leisure. It occurs sometimes that those expatriates violate the rules of their visas and incur overstay fines which accumulate the longer they stay beyond their visa's expiry date. This may result in travel restrictions, banning violators from entering the UAE for a certain period or lifetime. The UAE authorities have now announced a two-month scheme for violators to rectify their situations.
Aug 30, 2024
3584
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
103588
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
12393
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
26351

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
340
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
2646
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
361
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
354
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
387
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