Questions & Answers
Questions & Answers
5 available 5 • View allEmployee's failure to report to work and filing a case for entitlements


2
Q: An employee (driver) in my company failed to report to work on the agreed date after his leave days, then the director had to hire a driver for two days.
The employee never reported to work until now but the company had to pay to his account salary for two months.
Now, the driver went to a lawyer and they are requesting severance fee, illegal termination fee and salary in lieu of notice.
How is all this possible and yet the employee was not fired and he never called back?
Kindly help



Nov 14, 2018
2328
The legal procedure of ending the services of an employee
3
Q: What is the correct procedure for an employer to terminate an employee who holds an unlimited contract?
How many warning letters?
Max and Min time between these letters?
The content of the warning/termination letter?

Nov 11, 2018
1286
Rights of the employee in termination for redundancy
21
Q: Dear Sir/Madam,
Is it legal under the UAE labour law to dismiss someone for redundancy, in particular as this is not linked to restructuring, factory closure, business resizing...etc?
Regards,
EAM

Nov 29, 2018
10813
Calculation of the annual leave salary upon termination
32
Q: Please help me with the below scenario.
I had worked with a company for three years. I was terminated on the basis of redundancy on 15th Jan 2019. They gave me one month notice period which ended on 15th Feb 2019.
I completed the notice period and now joined another company. At the end of my notice period, I have 34 leave days as balance. In my final settlement, the company is paying me these 34 days on the basis of BASIC salary only.
My argument to them is that I should be paid as per article 79 of the UAE labour law which states that my leave days shall be paid on the basis of wage.
I want your help to understand if I am eligible to receive a full salary (basic + allowances) for my 34 leave days or it is only BASIC SALARY for 34 days.

Mar 11, 2019
35850
The basis of paying the EOSB in arbitrary termination
1
Q: Should the severance pay for arbitrary termination and notice period compensation be paid on gross or contract salary?
My employer had refused to put any salary raise I got in the contract but put it as a fixed bonus in payslips.
I have a salary certificate, payslips and bank statements to prove my remuneration. This is in case of DMCC free zone, UAE.

Nov 4, 2019
402
Legal blog
2 available 2 • View allكيفية احتساب مكافأة نهاية الخدمة في الإمارات العربية المتحدة 37
سوف نستهدف هنا الوصول إلى كيفية احتساب مكافأة نهاية الخدمة بما يتماشى مع ما نص عليه قانون العمل في دولة الإمارات العربية المتحدة وما دأب عليه القضاء فيها، إضافة إلى طرح تعاريف الألفاظ التي أوردها القانون، للوصول إلى نتيجتين: الأولى؛ ما هو الأساس الذي تحتسب عليه مكافأة نهاية الخدمة، والثانية؛ كيفية احتساب حدها الأقصى.
Jan 30, 2020
29523
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
90328
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
103602
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
12397
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
26378

Other answers by
3 3 answers •
View allRestitution of down payment after cancellation of the booking 0
Hello!
I bought an apartment in Dubai 1 month ago from a developer and the owner is [------].
A few days ago, the agent called me to say that there are some problems with the building named studio 101 and if I want to cancel my booking to come to the office.
I went to the office and I signed the cancellation form. After a day, I found out that they closed the office so I went to DLD to file a complaint. I did and now nobody knows what happen or where my money is.
I paid AED 120000 down payment and I was about to start paying monthly according to the payment plan.
I want to mention that when I paid the down payment they gave me a receipt but never told me if the money went to the escrow account where they were supposed to go.
Can someone help me, please? How do I get my money back?
May 7, 2019
1521
Legal assistance with a finders fee agreement to guarantee commission 0
Hello,
I’m looking to enter into a "finders fee" agreement to help introduce a US fund to potential investors in this region.
I am not a licensed securities dealer would not be acting as such.
I’d like to speak to a lawyer about key legal considerations and drafting of such a contract.
Thanks
Mar 10, 2019
1568
Claiming unpaid salaries from the employer after resignation 0
Hi there,
Please help, I didn't receive my salary for the last 2 months. After that, I resigned and the company is not paying my money.
Mar 8, 2019
966

Other answers by
143 143 answers •
View allLegal remedy for non-compete suit filed by ex-employer 0
Hi,
I have signed a non-compete clause (under unlimited contract) with my previous company. After working for 8 years with them, they terminated me.
I have now joined a competitor considering there was no other job available in the market. Now after 7 months, my previous company has filed a legal suit asking for compensation considering I am in a similar role and in the same territory.
What is the available remedy?
Oct 29, 2019
587
Filing a case against husband by a non-Muslim wife for adultery 0
I am a non-Muslim Indian woman. I discovered that my husband is having an affair with another woman. I know it is a criminal offense in the UAE and I want to know about the punishment for such an offense.
I would also like to know what kind of evidence is required to file a criminal case?
We both share the same laptop at home and the screen was not clear so I took a backup of the pictures where I have my marriage pictures and also my daughter's pictures. In that, I have found an adultery video of my husband with a woman, close pictures, and some messages.
Once I spoke to him about it, he broke the laptop but I have those pictures with me.
Please help me!
Oct 20, 2019
1280
Ensuring that the employee will not approach the clients after leaving 0
I have a small company of 4 people. One of my oldest staff who has worked for 11 years is leaving. He handles 80% of my clients and work.
Without proof, I know he is going to open his firm. I don't want to harm him but I want to secure my clients. Is it legally okay for me to make him sign a contract that he cannot approach my clients in the near future?
If yes, then what will be the procedure?
Do I have to go to the notary to make this contract valid?
Oct 8, 2019
879
How to make due diligence before entering into a restaurant investment 0
I'm interested in investing in a restaurant business. How can I check to ensure they are a legitimate company and won't just take my money and disappear?
Oct 7, 2019
445
Liability for taking the payment of a customer after leaving company 0
I resigned from my finance job. After that, I picked up my customer EMI 2 months ago.
Can the finance company register any complaint on me?
Sep 24, 2019
489
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