Questions & Answers
Questions & Answers
3 available 3 • View allCould resignation due to an employer’s behavior be considered constructive dismissal?




1
Q: Hello,
If your employer’s behavior is causing you to resign, could this be considered constructive dismissal?
My employer has been illegally deducting from my commission check. When I confronted him, he wrote down various overhead costs to run the practice, costs that, as an employee, I am not responsible for, along with profit-sharing deductions that were never agreed upon in my job offer or contract.
He told me that if I couldn’t accept these terms, I would need to find another clinic to work at. He then created a new contract including all these deductions, which I refused to sign.
His manager later tried to force me to sign it, but I did not. I felt very threatened and bullied, so I filed a labor complaint, which was transferred to court.
However, I currently lack the funds to proceed due to their actions. If I file another labor complaint later and they ask why I no longer work there, can I use constructive dismissal as the reason?





+1
Feb 24, 2025
130
What to do if my employer claims back an amount I took then returned?

0
Q: Hii
I have been working in a company for more than 1.5 years in sales and there were two transactions from the client that I took into my friend's account, as we usually do sometimes to make a commission from the customer.
But I returned the whole amount to the company which was 64k and I have a receipt of 40k but I paid 24k in cash. Then after 2 months, I resigned from the company for some personal reasons.
I was the performer of the company and they won't let me go then they started investigating me when they knew about these transactions, but they used it against me in the police and court as well.
They did not have any proof or evidence to prove that they hadn't received it, so they took an oath of AED 24k. Now, the court has passed the judgment for 24k and I need to pay now.
There is yet a police case that is in prosecution but I am scared of what can be judgement in that scenario as per your experience.
Kindly revert


Nov 1, 2023
131
Can the employer hold my passport and ask for visa cost if I resign for salary reduction?

1
Q: Good afternoon.
I am on an unlimited contract in Abu Dhabi, working at a private company. I've been here for 5 months, now I submitted my resignation letter to my boss last May 18 as he wanted to put me on commission-based payment.
I asked for a reduction of salary letter or any letter stating that I will be on a commission basis. He doesn't want to give me and wants me to reimburse the money he has put in my bank account. He wants me to pay for the visa costs. He is also holding my passport.
I have filed a complaint on MOHRE about this on May 18. Then he received a message about the complaint and instructed me to leave.
On May 19, I received a call from MOHRE and we settled and I withdrew the complaint. I went back to work to do the 1-month notice but he refused.
He is threatening me that I was absent since May 18. He doesn't want me to work there, he deleted my work email.
I was at the office on May 22 but he refused to accept me so I called MOHRE about my case and they reactivate my complaint again.


May 24, 2021
473
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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.
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Laws & Regulations
4 available 4 • View allFederal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law 0
The provisions of this Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law, known as the "New UAE Penal Code", governs criminal actions in the United Arab Emirates. The New Penal Code repeals the previous UAE Penal Code (Federal Law No. (3) of 1987 Promulgating the Penal Code).
Sep 20, 2021
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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
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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.
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Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations 8
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Hello,
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"قررت المحكمة حضورياً: برفض الدعوى وأعفت المدعية من الرسوم وكلفتها بسداد مبلغ خمسمائة درهم مقابل محاماة."
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