Questions & Answers
Questions & Answers
9 available 9 • View allClaiming EOSB after termination and wrongful absconding case
3
Q: I have been working for an employer for more than 14 years. Now, they have terminated me, and the notice period has completed.
Due to harassment, I left to India and the next day emailed them that I have left. They are not willing to pay my settlement and dues.
Instead, they sent me an email that they are filing a case against me for absconding and not being present there for auditing.
I am sure to win the case they will play dirty games.

Dec 22, 2018
1430
Proof of innocence in an embezzlement case
2
Q: My brother in law is in jail for taking AED 12 million from his company and he is in jail (Abu Dhabi, UAE) under remand.
I don't know whether he had taken the money or not, but his employer is saying he had taken it and given him a confession letter. I don't know about the confession they took.
I had not seen him because it happened last week and I am not able to go and meet him as it is very far from my house and also I have no blood relation.
I need to take permit from the prosecution department. I trying to meet him by next week. Kindly advise me what I need to do. Also, advise me on:
1. Suppose the above thing has happened, how many years he needs to be in jail?
2. If it is a false case by the employer, how will we prove his innocence?
3. Will the court give a chance to him to prove he is innocent and how? Please note that he has no advocate.
4. I assume this will be a false case as the employer is saying he started doing so for the last three years. This company had every year annual audit and they did not find.

May 4, 2018
5522
Wrongfully accused of harassment and losing EoS gratuity
2
Q: Hi,
I need advice. I have been working for the last 30 years, and the last 10 years were with one company.
I have received termination stating harassment while requesting for a face to face check with the people, facts were not disclosed. Now, they have informed me that they'll detain my gratuity amount which I feel I deserve.
Harassment case - it was a complaint raised by few colleagues stating improper touching, which was not the actual case. Hence, received a termination for the same. Never given a chance to speak.
However, I have not been such a person and have not done such a thing in overall 30 years of service.
Now, gratuity has been held considering the harassment clause.

Oct 4, 2017
807
Statement of defence for an accusation of embezzlement
4
Q: Hi Sir,
I have a case in Dubai Courts for the embezzlement of 30500. When I appeared in front of the judge in the 1st hearing, they asked me if I did it or not.
I said I did not, then they said I need to submit my reply in Arabic to defend myself.
What will be the charges from the court if I lose the case and where can I get it translated to Arabic?

Jan 6, 2019
1998
Protection from an accusation of theft by the employer

10
Q: I am the manager of a boutique retail store in Abu Dhabi.
My company has not been earning money, details I am privy to due to the report I send to the owners, my boss.
I know they considered filing bankruptcy last year when his loan application was denied. Now, my boss is suddenly accusing me of theft a week before my vacation.
He says items are missing in the inventory. When I joined 2 years ago the inventory wasn't complete, and when we changed the systems this year, items were not migrated properly.
I suspect this is their way of regaining back loss, accusing me of theft.
How do I protect myself?


Jun 10, 2019
5614
Responding to the defense raised by the employer in a labour case
2
Q: Hi.
I have filed a court case against my ex-employer for not paying my pending salaries and final settlement even after 4 months of my resignation and serving the notice period, and finally mutually agreed on labour and VISA cancellation.
Today in the court 2nd hearing, the employer's lawyer has given a bunch of documents against which I have to reply. The document mentioned FALSE STATEMENT that the employer has already paid all my pending salaries and even my final settlement.
Also, the document states that I have not provided the required PROJECT'S COST VARIANCE REPORT for the projects which I was handling.
The fact is I have not received my two months salaries and not even my final settlement which includes the gratuity and the leave salary.
I have provided them with all the COST VARIANCE sheets for my projects and I have a mail proof of that. I wish to make a strong reply on this with all the legal terminologies.
The claim amount is AED 60K. Need guidance to prepare a reply. How far my previous employer can drag this case?

Jun 25, 2019
1307
Responding to a case filed by the employee for non-payment of dues


1
Q: One of our employees has made a case against us for the non-payment of the final settlement.
While discussing the final settlement before the case filing, the employee had refused to hand over the company laptop and data therein before the payment of notice period salary of 3 months.
We have a limited contract with the employee under the Dubai Silicon Oasis Authority. The employee was hired in August 2018 and terminated on June 2019.
What protection do we have to claim against the employee for unauthorized taking away of company property?
Can the court decide ex parte on this case?
Can I file a case against the employee for illegal retention of company property?
What is my liability?



Sep 10, 2019
1100
Refusing to pay the dues claiming that the employee caused financial loss
1
Q: Hello Sir,
I worked in a private organization in Dubai. I canceled my visa 10 months back.
During my visa cancellation, I didn't get my end-of-service settlement. My original settlement amount was 108k, but after negotiation, they offered me 52K and gave me a letter stating they owe me 52K for my pending salary and end of service benefits.
But after my cancellation, they always said that they will clear my dues shortly. I waited for 10 months, then I filed a labor complaint. During the amicable discussion with MOHRE, my owner said that he will not pay me because I made a financial loss to the company.
I didn't make any loss to the company. Can he make any fake documents to show his loss against me?
Kindly advise on how should I approach the court to solve my problem.

Sep 7, 2021
896
Terminating an employee due to a conversation illegally recorded
1
Q: Dear sir/madam,
I was working with a free zone company in Dubai and they terminated me based on an illegal record submitted by a customer within an hour by giving me one month's notice.
However, when I informed them that my contract states that termination is not before less than 3 months' notice, HR started threatening me with confidentiality and article 120, etc.
I need help to get my money because HR initially didn't see my contract and later when they checked after my email, they are trying to save their bosses money.
If I go with a case, can they add more accusations based on their claim? Or will the case be based on the termination letter which was handed out without any warning ever?
Please guide!
Thanks,

Nov 28, 2022
216
Legal blog
3 available 3 • View allDifferences 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
4612
How to File an Employment Court Case in the UAE 35
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
11261
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
90587
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
103615
Federal Law No. (3) of 1987 Promulgating the Penal Code 29
This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.
Dec 8, 1987
47914
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
26446

Other answers by
453 453 answers •
View allTerminating an employee after sick leave and claiming compensation 0
Hello,
My employer fired me under Article 44 for not showing up for work for 7 days in a row. But that’s not the case at all. I was sick and the management was aware and they let me go.
I went to another country to get treatment because it’s expensive in Dubai. My employer did not pay me my salary for the month I worked and fired me.
I have official sick leave from another country and there is correspondence where my employer sent me to another country for treatment.
The problem is that the employer says that he will take compensation for the training that was specified in the contract, but I did not undergo training at all; I immediately started work from the first day of work and there was no training.
Does my employer have the right to charge me such a fee and not pay my salary?
Feb 29, 2024
459
How to make the seller hand over the tenant's security deposit to the buyer upon completing a sale? 0
Should the seller in Dubai hand over their tenant's security deposit to the buyer upon completing a sale?
Who is responsible for managing this process?
At the time of the exchange, the broker said he would follow up with the seller and collect the deposit.
He hasn’t, and the seller has not handed over the deposit.
Feb 8, 2024
424
How to deal with in-laws provoking and recording reactions? 0
Dear Sir/Madam,
My husband's family constantly provokes me and then records my every exaggerated reaction.
Now I'm worried that they might use those things against me.
Feb 8, 2024
245
How to cancel the MoU to buy an apartment with the broker if the bank did not approve the loan? 0
Hi,
I have a situation where I signed an MoU and gave my security deposit to the seller's agent. However later, the bank valuation of the property is lower than the selling price.
On my MoU, it has a clause that “the buyer has a right to cancel/negotiate if the bank valuation is not the same as MoU.” I tried to negotiate, however, we didn't agree on the price so I asked to cancel.
Now the agent is threatening me that they will not cancel the MoU and that will deposit my cheque. Later I also came to know that the person I am dealing with is not the same person whose name is mentioned as a broker in the MoU.
The agent I am dealing with is constantly messaging me with threats. I decided not to speak to him and instead, I wrote an email to the broker whose name is mentioned on the MoU but received no response.
I am on a very tight timeline as I need to vacate my apartment in 3 weeks, I found another unit but I don't know if I can pursue this while the initial MoU still not canceled.
Please, I need advice.
Feb 8, 2024
621
Employer asking for visa reimbursement after resignation: do I need to pay? 0
Hello Sir/Madam,
I have already finished my first year with my company and resigned.
My employer is asking me to reimburse the cost of my visa because I did not finish my two-year contract.
Do I need to pay? The cost is 7,000 AED.
Oct 20, 2023
811
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