Questions & Answers
Questions & Answers
5 available 5 • View allWhich labor law applies to a resigned employee who still was on an unlimited contract?
0
Q: If an employee has resigned within 3 years and his contract has not been converted to a limited contract, what would be the gratuity to be paid?
The date of Joining is 1/1/21, and the last day of service is 31/12/23. The basic salary is 10,000.
Will it be as per the New Labour Law or can we pay them as per the Old Law as mentioned in Article 68 of the new law which reads as below:
"Subject to the provision of Clause (2) of this Article, the employer may calculate the end of service benefits in accordance with the provisions of the employment contract with an undefined term stated in Federal Law No. (8) of 1980 indicated above."

Nov 17, 2023
107
Deducting housing allowance from end of service gratuity upon resignation


2
Q: I have resigned from my current job and my last day is May 9th after a notice period of 2 months. I was employed for 4 years.
My employer has paid me a full year housing allowance and would like to deduct the remaining months from my end of service. Is this allowed? I have not been made aware that the amount would be deducted in case I resign.
Also, I am entitled to 30 days of leave per year. Since I have resigned, they have applied a pro-rata for this year for the end of service calculation. Is this allowed?
Shouldn't I be compensated for the 30 days that I have not taken?
Thank you!



Apr 9, 2020
3315
How to calculate the accumulated leave?
1
Q: Hi Madam,
I have read in one of your answers to a question regarding the calculation of leave salary at the end of job, termination, or resignation, that the leave salary for accumulated leaves will be calculated based on Basic Wage.
My doubt is what is accumulated leave?
If I received all the dues of leave salary on last leave and I resigned 1 year after resumed duty, only 1 month leave salary is due for me. Is it consider accumulated leave or is it a normal annual leave?
And, why the calculation is based on basic pay in this case?
I think the accumulated leaves are the days due more than 60 days. Please advise me as I am planning to resign from my job.
I completed 20 years in the same company and there is no unpaid leave salary except the last 1 year of service.

Aug 26, 2021
1230
How long to receive my final payment after my last working day following my resignation?

1
Q: Good day,
Please advise how long it will take to receive the final payment after my last working day following my resignation and 30 days' notice. My last working day with the company is 18/07/2024.
Thank you!


Jul 22, 2024
214
When we calculate the end-of-service benefits of a terminated employee, how do we calculate the unused leave?


0
Q: One of our employees has been terminated due to the completion of the project and he has 36 days of unused leave.
When we calculate his end-of-service benefits, how do we calculate the unused leave?
As per the labor law -
Point no 9 of Article 29 of Federal Law 33 of 2021 mentions:
9. The worker shall be entitled to a wage for the accrued leave days if he quits the work before using them, regardless of the leave duration, with respect to the period for which he did not obtain his leave. He shall also be entitled to receive leave wage for parts of the year in proportion to the period he spent in work and it shall be calculated according to the basic wage.
So, should it be based on the wage (as mentioned in the 1st line of the Article) or will it be calculated based on the basic wage (as mentioned in the last line)?
Please give clarification on this to avoid disputes.
Thank you for answering!



Aug 28, 2024
86
Legal blog
1 available 1 • View allAn Overview of the New UAE Labor Law and Recent Amendments of 2024 235
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
94331
Laws & Regulations
3 available 3 • View allFederal 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
27480
Federal 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
103865
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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How to waive or reduce the penalty for my expired company license and cancel it? 0
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As a partner who loaned money to the company, should I sue the company or my partner? 1
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(I believe all necessary legal information is provided here. If something is missing, I can provide additional details here.)
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What happens next after a DUI arrest and vehicle impound? 1
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Is it obligatory to issue an invoice for my customer to process his down payment? 0
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Can I challenge my child's custody again after losing the first trial and appeal? 0
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Can my husband take our 2-year-old daughter abroad without my consent? 0
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Can a teacher search student bags without consent or suspicion? 0
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Tenant demanding more than RDC verdict. Must I pay before the execution file is issued? 0
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My landlord increased my rent more than RERA Index and refused my offer and deposit. What to do? 0
Good morning,
My landlord notified me 90 days before my contract’s end of a 15% rent increase, raising it from AED 55,000 to AED 63,250. However, according to the RERA index, the maximum increase should be 5%. I tried to negotiate, but they refused.
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The landlord insists on increasing the rent more than RERA Index. What can I do? 0
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I purchased a company in July that’s renting a shop space, and the tenancy contract (under the company’s name) is ending on November 22.
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Is it obligatory to issue an invoice for my customer to process his down payment? 0
Hello sir,
Is it obligatory to issue an invoice for my customer to process his down payment?
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Tenant demanding more than RDC verdict. Must I pay before the execution file is issued? 0
Good day,
I am a landlord, and my tenant filed a case with the RDC. The verdict was in his favor, and I am to pay the financial claim, which is the fees and expenses of the case.
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How to waive or reduce the penalty for my expired company license and cancel it? 0
Dear Lawyer
I hope this message finds you well.
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After acquittals by the first instance and appeals courts, can the case still go to the Court of Cassation? 0
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How can I avoid liability for a car my boss transferred to me without full payment? 0
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Can I request maintenance from my husband even if he cancels our visas and sends us home? 0
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My spouse's visa was rejected due to an administrative issue. What does that mean? 0
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Will a non-compete clause be included in a third-party employment contract in the oilfield? 0
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Will a non-compete clause be included in a third-party employment contract in the oilfield?
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How can I avoid liability for a car my boss transferred to me without full payment? 0
Hello,
My boss transferred a car to my name. Unknown to me, the car was not fully paid before the transfer. Eight months later, the seller called me because my boss was unreachable.
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Can I appeal a deportation in the UAE if I was unknowingly involved in a crypto scam? 0
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Can I ask the execution court to request MOHRE to seize the labour card of a debtor? 0
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I am an execution requester. My execution debtor has not paid me for the last 12 years after starting the execution file.
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How to waive or reduce the penalty for my expired company license and cancel it? 0
Dear Lawyer
I hope this message finds you well.
I set up a business license in a free zone in 2023. Unfortunately, the license expired in September 2024, and due to being occupied with other matters, I was not aware of the penalties associated with the expiration.
I recently attempted to cancel the license but was informed that a significant penalty has accrued. When I inquired about cancelling my visa first, I was told that it’s not possible to proceed without addressing the license issue.
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