Self-help
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UAE
The eligibility of an employee to get a gratuity
Q: Dear sir/madam, If an employee worked for 8 months, is he entitled to a gratuity? Questions & Answers
UAE
Status of resignation in case of working for different companies
Q: Hello Raluca, I have recently decided to resign from my position from my company as I have completed 6 months duration and am on an unlimited visa. My query is that the company that I am actually working for which I want to resign is not the same company that has provided me visa and contract. And as per the law, I am required to serve at least 30 days of notice period and I don`t want to be in a situation where I serve my notice period with my existing company but then they file a case against me later on via the other company that actually gave me visa and contract stating that I have not completed my 30 days notice period. Can you please guide me on how to take this situation forward? Regards, A. M. Questions & Answers
UAE
How to claim compensation for arbitrary dismissal from the employer
Q: Hello Sir, I was employed with DAFZA (Free zone) company for 11 months under an unlimited contract as a business development manager. The company HQ is outside the UAE and I was issued an offer letter to start my employment from 1-Oct-2018, and I started the work on 1st Oct. But my free zone employment (unlimited contract) was only issued on 19-Nov-2018. When does my actual contract start? Am I eligible to claim 1 month + 19 days in my End of Service (EOS) settlement? I was issued verbal termination on 4-9-18 and after my follow-up email, I was issued a written termination on 10-9-18 which I`ve not signed yet stating my performance. So kindly let me know if this termination letter is valid without my acceptance signature? I was given 30 days notice period and did not have to work. Am I eligible to claim arbitrary dismissal compensation of 3 months salary as I am still not employed? Kindly advise if I`m eligible for leave salary and If yes, how many days. Questions & Answers
UAE
The legal way of warning an employee for bad conduct
Q: Good morning, I have tried searching online for any warning regarding leaving work during office hours without informing the proper department. Also, not coming to work without informing the manager. The thing is this employee has been doing it several times and even after verbal warnings she doesn`t listen. We`ve already served her a final warning due to her attitude toward workmates and even her working hours are being compromised. Is there a way we can serve her termination legally? Thank you! I hope I explained it clearly. Questions & Answers
UAE
مستحقات الزوجة عند مطالباتها بالطلاق رغم رفض الزوج
س: السلام عليكم، أنا متزوج منذ 17 سنة ولدي إقامة في أبوظبي وأنا وزوجتي من الجنسية اليمنية وتزوجنا في اليمن وعشنا في أبوظبي لمدة 17 سنة. عند عودتها إلى أهلها طالبت بالطلاق. كيف يكون ذلك وماذا لي وماذا عليّ؟ علمًا بأنها وكَّلت وكيلاً لها وهو خالها الموجود في الإمارات وهو خالي في نفس الوقت. Questions & Answers
UAE
What are the procedures to be followed before resignation?
Q: Dear sir, Requesting your legal advice. I renewed my limited contract in June 2019. Now, I am starting the 3rd year. I got one month`s leave salary and 30 days` leave home. If I resign now from my contract: 1. What are the procedures I should follow before resigning? 2. What payments am I supposed to make to the company? 3. Am I entitled to any gratuity or benefits if I resigned from a limited contract? Questions & Answers
UAE
Possibility of returning to the UAE after getting banned for TB
Q: During the medical test in Dubai in 2015, chest x-ray failed & then I had declared that I underwent TB treatment for 1 year in 2013. Cancellation Notice of my Visa reads: Cancellation Reason: Health Reasons Ban 9: Permanent. During the exit on immigration, the fingerprint or eye scan were not taken. Can I enter the UAE on a visit visa? Questions & Answers
UAE
Traveling to the UAE while there is a loan in Qatar
Q: Dear sir/madam, I am deported from Qatar due to bringing Cocadamol not Tramadol medicine, even though those medicines are not banned in the respective country (in my case, the UK). They did not take me to court and I was working there for nearly 14 months. After that incident and then one day while I was coming back to the UK for holidays, they stopped me at the airport and put me in the deportation center. Will I be able to work anywhere in the UAE as it will not affect getting a visa? Secondly, I had a loan from a bank in Qatar to which I was making regular payments on time since I took the loan but due to my deportation, I was not able to stay up to date with my payments. If I come to the UAE for work, will this create problems for me? However, the bank was Qatar-based. Kindly suggest the best for me. Thanks! Questions & Answers
UAE
Expected legal penalty in drug cases
Q: My brother friend had been caught by CID whilst smoking marijuana and had marijuana in his possession. He told CID that my brother gave him. My brother was called downstairs from his office by his friend. When he came down, CID questioned him, beat him and searched him. They did not find anything on my brother nor in his car. Both my brother and his friend were registered under the same case number and taken to Bur Dubai police station. They had a drug test which was positive. They`ve been shifted to central Al Awir jail 1 month ago. My brother denied everything in the 1st & 2nd hearings in Neyaba (Public Prosecution). Now, they have charged my brother with facilitation of drugs to others and using drugs. They have now referred my brother case to Abu Dhabi, but his friend who was found with drugs is in Dubai court and has a small charge of using only. My brother is a 29-year-old engineer who spent his whole life in the UAE and has no police case on him ever before. What will happen now? Will they only deport him or will they punish him? Questions & Answers
UAE
Consequences of resigning from a limited labour contract
Q: Good evening, Can I terminate my limited contract within the probation period? My visa status is a cleaning worker, but actually working as an admin assistant. If I resign from my limited contract, then should I give a notice period or not? Please let me know. Thank you Questions & Answers
UAE
What to expect when you fail to pay credit card dues
Q: Hi, I have a credit card loan and credit card debt with an amount of AED 26000. Unfortunately, I`m not in a situation to fulfil the payment for the last 3 months. How can I deal with this legally? If I avoid paying the debs, what will be the consequences? The bank is not being flexible on this. Z. Questions & Answers
UAE
Execution filed in divorce proceedings for maintenance
Q: Hi Hari, I have just gone through a divorce and my ex-wife has filed for execution. The document received from the court states to pay accommodation money full in advance, is this normal? She forwarded me the document and I haven`t received anything directly from the court. I have only been informed prior to two days before the execution date. Which leaves me without any option as the letter states failure to pay court can take legal action. The document only speaks about one-time payment and does not include any monthly payments that need to be made for children`s maintenance, electricity bill or school fees. My next question is that if she takes the full amount of accommodation money and stays with her family, is that legal? As it impacts the quality of life of my children plus the amount ordered by the court for accommodation is used for personal enjoyment or expenses. What legal options I do have? Regards, M. Questions & Answers
UAE
Joining a new employer while there are complaints against the previous employer
Q: Hello, My spouse joined the current company under a DWC visa (unlimited) on 11/6/19. He resigned on 29/8/19 and served a notice period of 40 days (his contract says 60). Since then, he has not been paid for AUG, SEPT-OCT (8 days). The probation period is 6 months. He is holding a new offer. The current employer is not paying dues and is saying that he will ban my spouse. Please advise the best way to solve this and join the new employer. Can he join the new office if the process is under complaints in DWC labor? Questions & Answers
UAE
The legal implications of withdrawing from a job offer
Q: Hi Mr Hari, I have confusion over my decision after accepting one job offer from a company in Abu Dhabi. I accepted it and signed the initial offer letter on 14th Sept. Then I resigned and currently serving the notice period. At the same time, now after working unofficially with a new company (A) for few days, I came to know that the new company (A) is not matching my profile and the project I am hired for is delayed. I have a company (B) offering a job and wants to discuss the offer and joining date, company (B) is better for me. I went through all the T&Cs mentioned and signed a contract. It is mentioned that "Unlimited Period: Either party may terminate the contract by giving a 30-day written notice to the other". I am still serving the notice period and I want to apologize and turn down the offer from the company (A). Is it ethical? Is it possible to make such a decision as I am sure I am not going to enjoy my work in the company (A)? Can the company (A) make any legal problem for me? Kindly advise. Regards, D. Questions & Answers
UAE
Grounds under which an amount can be deducted from EOSB
Q: Hello Sir, I am working in a trading company for the past 7 years in Dubai. My designation is Sales Executive. I have resigned from my job and I am in the 1 month notice period. Now the company is telling me that the payment of cheque bounce cases last year will be deducted from my settlement. Is there any rule stating such a thing that the payment forbidden company has to be deducted from the employee? Questions & Answers
UAE