Questions & Answers

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?

Claiming labour entitlements after termination by new management

Q: I was working with a company since 02 August 2007. In November 2016 onwards, there was a new management who took over the department which I was working. So I was asked to give all the support to the new management. But again, in July 2018, due to some management issue, the old management came into power and they terminated all the staff who have been newly appointed by the new management and asked me also to resign or they will terminate me too. On 26 July 2018, I gave resignation and asked the management to give me a one month time to finish and hand over all my work to a new person. They agreed on 26 July that my final day will be 19 August 2018. On Sunday, 29 July 2018, when I came to office, I found my office closed and my pc removed. I checked with the other legal person at the company and he informed me that as per the chairman, I should leave the company immediately and they will take care of the pending work themselves. Till now, they have not paid my July salary nor cancelled my visa and settled my EOSB.

Claiming back a security cheque from partner as per agreement

Q: I have issued a cheque as a guarantee to a person who has joined my business as a partner. He did not want to join my license but only a partnership agreement to be signed. The cheque was issued on an agreement that when the partnership agreement is signed on a later date, he will return the cheque. He did not give my cheque back on the day we signed the partnership agreement. The business went into a loss and shut down but he is threatening me with the cheque. Can I approach Sharjah police in advance to get my cheque back and avoid police case against me?

Getting information about a person arrested in Dubai

Q: A relative of mine has been arrested in Dubai. We reside in Pakistan and we don`t know where he is or what crime he has been charged with. How can we find out more details of the case or contact him?

Is it possible for the employee to travel while a labour case is pending?

Q: If there is a pending case filed by the employee against the company, is it possible to travel while the case is ongoing? The passport is with the employee in this case.

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Filing civil case to recover security cheque for unjust enrichment

Q: I have signed a contract with a contractor to carry out AC works where the owner of the company has paid me cash with a payment voucher and he asked to provide a security deposit cheque. My scope of work was supposed to be finished in 45 days but delayed due to civil works for more than 4 months, in the interim we have continued to work and finished the works and started the equipment. Our final bill is linked with authority approvals which cannot be accomplished without civil works. I have asked the contractor to pay the VAT and amount for variation which he failed to do so. After 4 months the contractor called to resume the works where I have rejected as he failed to fulfil the contractual obligations. I`ve written a letter to the owner that I will take legal action if he misuses the cheque. The owner deposited my security cheque and filed a case. If I file a civil case against the owner, am I entitled to get losses incurred due to damaging my relation with the bank and other legal expenses?

Labour ban for termination during the probation period

Q: If the employer terminates the unlimited contract under the probation period, do you think there will be an automatic ban or the employer can ban the employee?

Termination during probation and possibility of a labour ban

Q: I joined a company in Abu Dhabi three months before. Due to some quota issues, they gave me a messenger visa on my passport. Now, they don`t have a project and want me to search for another job or they will cancel my visa. My contract is limited-term and my visa is a messenger. Question is if they cancel my visa, will there be a labour ban?

Forceful eviction of the tenant for failing to pay the rent

Q: Hi Sir, I am staying in a shared apartment for the last six months. No tenancy contract. I couldn`t pay the rent for August and September. I have given a cheque dated 3rd October, but the landlord is behind me every day. Today, he changed the key and locked the room. What should I do? He is not listening to me. He is shouting at me.

Failing to return to office after vacation and its consequences

Q: Hi This is Durga Devi from India. I am working in a concern in Dubai. I came for vacation on May 18, but due to my two-year-old daughter health issue, I was unable to return to office Until Sep. I informed my office and mailed the resignation letter on Sep 5. Now, what is the procedure to cancel my employment visa since I am unable to rejoin?

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Possibility of a labour ban in case of resignation during probation

Q: I want to resign from my work and I am still in my probation. My employer has given me an entry ticket expiring on November 2, 2018. I don`t have my working visa stamp and never gone through medical. If I resign, do they have the right to ban me for 6 months or 1 year?

Claiming unpaid salaries from employer without work visa

Q: I overstayed in Dubai just because of my ex-employer negligence, after failing to proceed my visa stamping on my passport. My ex-employer issued only a pink copy visa for me. Although I had informed my ex-employer that time was too short and begged to complete the visa process, but unfortunately, he could not do so. My 10 months` salary is also pending at their side, so I don`t have money to pay off my immigration overstay fine. But in spite of all the hardship, I went to the immigration department at Al Aweer to waive off my fine. I was trying to avail any sort of discount to clear my overstay status, but the immigration department did not listen to my full stance and sent me to the temporary immigration department, and gave me 2 days to arrange AED 20000 as my fine. I said to them I have only AED 10,000 and they refused to take it. Now, my previous company paid the fine. Just let me know if I can come back to Dubai and if there`s any chance to recover my pending salary.

Difference in designation between visa and contract in the UAE

Q: Sir, I`m from India and I got selected for one of the construction companies in the UAE. Actually, I`m a BTech graduate civil engineer. I worked as a civil engineer in India for the past 3.6 years. Now, they gave me an offer letter as a civil foreman, but I`m demanding them to give me the designation of a civil engineer. I`ll accept the visa as a foreman. They are trying to convince me with the foreman only after entering in the UAE. They will give me civil engineer designation only like that agent people are telling. Is there any link between the offer letter and the visa process which I have to sign? Please, help me with this.

Actions against withdrawing a job offer from the employer

Q: Hi, I am T. H. from Pakistan. I am a software engineer by profession and I want legal advice. When I was in Pakistan, I applied for a job in the UAE online. A private company sent me an offer letter after online test and interview. At that time, they wanted to send me a work visa, but at the same time, I already had a visit visa for the UAE. So I explained to them that I already have a visit visa. They advised me to avail the visit visa and come to the office to sign other documents to get ready to change my visa status to employment. I appeared in the office and then they gave me 1 week to search for accommodation near the office. Within 1 week I contacted back and asked them that I am ready to join now, but now they are not giving me any positive answer. All these conversations are by email. What should I do now? Any advice, please?

Possibility of a labour ban in case of resignation during probation

Q: I am working as a trainee for an LLC company in Dubai since May 13, 2018, but I received my appointment letter as sales coordinator on June 2, 2018. I got my company visa only in Aug 2018. Until August, I was working on my visit visa, since the company asked me to do so. Now, I am under 6 months probation period. My job designation on the visa is Sales Executive even though I was appointed as sales coordinator. I want to quit my job desperately since I am unable to handle the work pressure as I am handling sales coordinator as well as executive job and office jobs at the same time. But I still didn`t finish my probation period. My employment contract is unlimited. So will I get a ban or am I supposed to pay visa expenses to the company if I resign before the completion of my probation period? Will I have to serve notice period if I resign? Also, what will happen if I am terminated?

المهلة المتوقعة قبل تقديم شيكات مرتجعة إلى الشرطة

The legal procedure of ending the services of an employee

Claiming labour entitlements after termination by new management

Claiming back a security cheque from partner as per agreement

Getting information about a person arrested in Dubai

Is it possible for the employee to travel while a labour case is pending?

Filing civil case to recover security cheque for unjust enrichment

Labour ban for termination during the probation period

Termination during probation and possibility of a labour ban

Forceful eviction of the tenant for failing to pay the rent

Failing to return to office after vacation and its consequences

Possibility of a labour ban in case of resignation during probation

Claiming unpaid salaries from employer without work visa

Difference in designation between visa and contract in the UAE

Actions against withdrawing a job offer from the employer

Possibility of a labour ban in case of resignation during probation