Questions & Answers
Questions & Answers
7 available 7 • View allForcing the employee to accept working in different location

5
Q: I have been working in a group of companies which is an interior fit-out company based in Dubai. We have a factory with another name in Umm-Al-Quwain.
At the beginning of my job, they tried to issue my visa from UAQ and I never agreed to that but they tried and it got rejected because of female rights issue so my visa got issued from Dubai.
After 1 year, they moved my workplace to the UAQ factory and now asking me to shift to UAQ. If I don't do so, they are going to appoint another person.
They told me that they will allow me to live in Sharjah and give me transportation as well. There are no amenities for female and not even privacy.
What shall I do?


Nov 26, 2019
1145
Calculation of gratuity for an employee worked on limited and unlimited contracts
4
Q: I am an anesthesiologist who recently was terminated on organizational requirements.
My contract (limited) started on 26 May 2016 until 25 May 2020, and unlimited contract from 31 May 2020 until 23 January 2021 in the same organization.
The basic pay was 20000 Dh during the limited contract and 18000 for the unlimited contract. How will the gratuity be calculated?

Feb 28, 2021
1097
Calculation of gratuity when the current salary is not the same as the salary in the contract
1
Q: My employer put my salary in the agreement as 800 AED since 2012 and still the same. But, my present salary is 2000 AED.
Q1: How they will pay my gratuity if I cancel my visa from the company? According to my agreement salary or my present salary?
Q2: If they hold my passport after canceling my visa, then what can I do?
Requesting your help in answering these 2 questions.

Mar 30, 2021
785
المطالبة بالمستحقات لدى مجموعة شركات لنفس المالك
1
س: السلام عليكم،
الرجاء المساعدة لرفع قضية عمالية!
عملت في جروب لمجموعة من الشركات لمدة ٧ سنوات ونُقلت للعمل في شركة لمدة سنتين، ثم نُقلت بعدها لشركة أخرى في المجموعة لمدة سنتين ومن ثم نُقلت للشركة الأخيرة وعملت فيها لمدة ٣ سنوات وتُسدَّد مستحقاتي عند نقلي من شركة لشركة أخرى، مع العلم أن جميع الشركات لنفس المالك.
هل لي الحق في المطالبة بالإجازات ونهاية الخدمة لدى جميع الشركات أم لدى آخر شركة عملت بها؟
عندي رواتب متأخرة لأكثر من ٦ أشهر. كيف يمكنني معرفة الرواتب المتأخرة لأن الشركة تدفع جزء من الراتب وليس كامل الراتب؟
عند الدخول إلى حماية الأجور، لم أجد الرواتب إلا لمدة ٦ أشهر مع العلم أنه لدي رواتب وأجزاء رواتب منذ عام ٢٠٢٠.
ولكم جزيل الشكر!

Aug 29, 2021
145
Can I refuse a transfer to a different location if my visa only lists one branch?
1
Q: Dear Sir/Madam,
I currently work in a group of restaurants in the UAE, which are owned by different owners but have an overall founder. My visa was sponsored by one of the branch owners and only lists the location of one branch.
However, my sponsor wants to transfer me to work in another location that is not indicated on my contract or visa.
Is there any way that I can protect myself from having to leave?
Please help!

Aug 4, 2023
212
How will the gratuity be calculated if the company changed my contract and salary?



1
Q: Dear Sir,
I started to work in a company on 28-Feb-2012. In 2014, due to a change in the name of the company/license, they canceled the visa and gave me a new visa to continue. While they changed my visa, they gave me 2 years of gratuity/EOSB.
After that, in June 2020, my package was changed due to a specific contract & accordingly, the MOL contract document was changed for visa processing. The changed package is more than previous.
Now I have resigned, Please advise;
1. What will be the timeframe to calculate the EOSB (from 2012 or 2014)?
2. Would I receive a gratuity based on my current basic income for the whole year of service (2012/2014 to 2023 Sep.) or my previous pay scale (up to year 2020) & 2020 to now with my current pay scale?




Aug 31, 2023
437
Can I claim my six years' gratuity if I took a vacation after my 4-year contract?

1
Q: Dear Lawyers,
Have a good day!
Do I have the right to claim my six years' gratuity even if I go on vacation after completing my 4-year contract?


Oct 7, 2024
75
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
29529
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
90393
Laws & Regulations
2 available 2 • 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
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
26388

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
344
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
2649
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
363
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
357
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
392
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