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Questions & Answers
UAE
Application of Resolution 279 of 2020 on an employee serving the notice period
Q: Hello, I have been working in a local group in Dubai for the last 13 years under an unlimited contract. Recently, they have terminated my position, I am now serving 3 months notice period as per labor contract (2 months already served, I am now in the 3rd and last month). My employer has put me on a forced paid leave to adjust my notice period against leave days balance. I need some clarification of the below: 1. The employer is paying me a full salary for the notice period of 3 months. However, based on the recent announcement from the Ministry of Labor (for Private Co. employees), can my employer reduce my salary temporarily/permanently for this last month of notice period? 2. If the answer to question 1 is YES, how will it impact the calculation of my end of service benefits like gratuity or leave balance encashment? will it be recalculated based on the revised (reduced) salary? 3. Am I eligible to claim any other termination/redundancy pay apart from gratuity and leave balance encashment? Many Thanks!
Apr 2, 2020
434
Questions & Answers
UAE
Terminating an employee's unlimited contract during COVID-19 pandemic
Q: I am new to the country and have worked for a year and a half in a company. I have a 2-year unlimited contract from them. Suddenly, I got an arbitrary dismissal without any valid reason, warning letter, or notice. They told me that it will be the last day of my work and they will pay only my previous month and 18 days. They will give me 45 days grace period to find a new job but, due to COVID-19, the market is saturated and all companies are shut down in the meantime for opening new opportunities. During the day of termination, they asked me to sign a paper for cancellation. I asked them about what I will get, they said that they will pay only my working days. My concern is I don`t know any policy in the UAE about termination. I heard from people that if you get terminated, they have to pay 3 months of your basic salary and give you the rightful benefits. Is it possible to file a case for this?
Apr 2, 2020
409
Questions & Answers
UAE
Time frame to vacate a flat and receive the deposited amount
Q: When should I inform the landlord regarding vacating the flat per law?
Apr 2, 2020
1433
Questions & Answers
UAE
Considering a bad review on social media as defamation
Q: I hired a maid from an agency in December. The maid did emotional and physical damage to my family. I wrote a bad review of the agency on Google Maps, Facebook, and Instagram. Now the agency is harassing me every day asking me to delete it. They blocked me on Instagram. When I refused, they offered me 500 AED. I refused and said no. Now they are threatening me that they will file a case against me for defamation! Is this considered defamation under UAE law?
Apr 2, 2020
1967
Questions & Answers
UAE
حقوق المطلقة التي ليس لها أبناء
س: زوجي طلقني طلقة واحدة بتاريج ١/١/٢٠٢٠ وانتهت العدة ولم يرجعني. مع العلم أني أعيش مع أبي وأمي من تاريخ الطلاق. أود معرفة حقوقي بعد الطلاق وكم المبلغ؟ راتب زوجي الشهري ٢٠٠٠٠ درهم.
Apr 1, 2020
11699
Questions & Answers
UAE
The application of the non-competition clause after leaving work
Q: Is the non-competition clause applicable in case an employer terminates an employee? In this case, can you work for a competitor and take your existing clients to your new employer?
Apr 1, 2020
517
Questions & Answers
UAE
Getting divorced because of husband's mother abusive behavior
Q: Hello, I live with my husband`s mother in the same home. she is always abusing me verbally and emotionally. I have been suffering a lot. I asked my husband to provide me with a separate home but he keeps refusing. I don`t want to continue living with him. I want to get divorced. Please advise me!Apr 1, 2020
630
Questions & Answers
UAE
رفض طلب الاسترحام رغم تقديمه عدة مرات بسبب حكم تعاطي مخدرات
س: السادة المحامون، حُكم عليّ بغرامة وإبعاد بسبب التعاطي. أريد العودة إلى الإمارات لأن ابني موجود ويدرس فيها مع طليقتي وعمره 8 سنوات. طليقتي لا تأتي إلى مصر ولا تنوي ذلك. قدمت طلب استرحام أكثر من 5 مرات ورُفض فيها جميعًا. أرجو الحل!Apr 1, 2020
14281
Questions & Answers
UAE
Calculation of the overstay fine and the required procedures to pay it
Q: Hello sir, I came to Dubai on a visit visa but I have overstayed now for 5 months and 2 weeks. I wanted to clear my overstay, but I don`t know the procedure or the amount it will cost.Apr 1, 2020
1771
Questions & Answers
UAE
Resignation during the probation period and visa charges
Q: Hi! I am working in an LLC Company. It has been 3 months only and I am still in the probation period. I have resigned but they are asking me to pay visa charges from the final settlement. Is this legal? If not, how can I complain and where? it seems that my visa is a Free Zone.
Apr 1, 2020
16247
Questions & Answers
UAE
Forcing employees to go to the office during COVID-19 pandemic
Q: Regarding the Coronavirus issue, My employer still wants us to go to the office and they said we have to make our own means of transportation. Our company is manufacturing valves. Are we still allowed to go to work because 80% of the companies are already working from home?Mar 31, 2020
135
Questions & Answers
UAE
Canceling a partner visa and issuing a new one during Corona-virus pandemic
Q: Hi, I have a partner visa but my visa is expired now. I am overstaying. If I will cancel my visa, what is the fine process? How to issue a new visa to stay legally in Dubai (UAE)? Please guide me!Mar 31, 2020
514
Questions & Answers
UAE
The grace period after canceling an employment visa during COVID 19 pandemic
Q: My employment visa is expiring on 3rd April 2020 and I want to cancel my visa. How much grace period will I get in this COVID 19 situation while there are no flights to India?
Mar 31, 2020
1268
Questions & Answers
UAE
عواقب التخلف عن سداد قرض وعدم الاتفاق على بنود التسوية
س: السلام عليكم، كانت لدي قضية شيك ضمان بنكي لقرض، وعُقدت جلسة جزائية وتم الحكم بغرامة 2000 درهم وحاليًا يتواصل البنك معي كي أوقع شيك جديد أو يرفع دعوى مدنية وقد أخبرتهم أن قدرتي أن أدفع 1000 درهم شهريًا. مع العلم أن قيمة القسط الأصلي 5000. ماذا أفعل في هذه الحالة؟ وما أسوأ شيء قد يحدث؟Mar 31, 2020
381
Questions & Answers
UAE
The difference between a termination letter and a release letter
Q: What is the difference between the termination letter and the release letter from a company?Mar 31, 2020
2540
Questions & Answers
UAE
The following steps after getting the first instance court judgment in a labor case
Q: My previous employer refused to pay me. I launched a case against them. After multiple rounds of court, a judgment was made. Although I didn`t get what I had hoped/claimed, the employer appealed against it. The appeal from my ex-employer was made on 24th March. Given the current situation globally, does anyone know what are the next steps? Do I have to go to court again? Is there a hearing date? Do I need another lawyer to present my case again? What paperwork do I need? Anyone, please help!Mar 31, 2020
1027