Self-help
Available entries: 14017 entries
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UAE
The consequences of resigning from an LLC company due salary delay
Q: Hi Ma`am, Good Morning! I am working in an LLC company in Dubai. I signed an unlimited contract in the month of April 2021. Now I am not satisfied with this company and salary pending is the reason to resign. Will there be any consequences if I resign within 6 months? My VISA belongs to the employer and my passport is also with them. Kindly advise! Thanks Legal blog
Tunisia
رأي في القرار التعقيبي عدد 1350 الصادر عن الدوائر المجتمعة في 2002
أصدرت محكمة التعقيب بدوائرها المجتمعة القرار التعقيبي المدني عدد 1350 بتاريخ 25/04/2002 قاضياً بنقض الحكم المطعون فيه وإحالة القضية إلى محكمة الاستئنناف لإعادة النظر فيها بهيئة أخرى. وقد نشر هذا القرار بمجلة القضاء والتشريع (العدد 10، ديسمبر 2005 ص 285 وما بعدها) مع ملاحظات الأستاذ التيجاني عبيد. Questions & Answers
KSA
مدة إخطار الموظف بعدم الرغبة في تجديد عقده
س: ما المدة اللازمة لإخطار الموظف بعدم رغبة المؤسسة في تجديد عقده؟ وهل يكفي إرسال إيميل أو رسالة نصيه له؟ Questions & Answers
UAE
How to reach an amicable settlement with an employee upon losing a labor case?
Q: I have an employee who filed a labor case that is in execution. I have tried over the last 2 months to reach an amicable settlement with him on the payment of his settlement. My commitment to him has been based on the commitments I have received from my clients to the company. He initially requested a 25% down payment and 6 PDC checks which I agreed to and he has since rejected that and then demanded 100% of his settlement which he then modified to 50% and 3 PDC checks. I informed him that it would not be possible to pay 50% and 3 PDC checks; the best I could do is 40% and 3 PDC checks as I needed the remaining funds to cover the current employee`s medical insurance, some of them have critical medical conditions requiring monthly medication. He has again rejected that and is demanding a 50% down payment to release the case and the block on the company trade license and bank account. I also have other PDC checks due and with a blocked account, these checks will bounce. The settlement is 291KAED. Questions & Answers
KSA
فسخ العقد والمطالبة بالتعويض عند إخلال المقاول بالتزاماته
س: السلام عليكم ورحمة الله وبركاته، لو سمحتم لدي استفسار. عقدي مع مقاول لبناء مصنع خلال ستة أشهر. اشتغل الحفر واشتغل القواعد والدفان فقط ولمدة شهرين يماطل ويشتغل يوم ويتوقف أسبوع علمًا بأنه مستلم دفعتين حسب العقد وباقي شغل من الدفعة الثانية وفي العقد مذكور العمل دون انقطاع. الحين باقي في العقد شهرين فقط ولم ينفِّذ إلا 18% حسب تقرير المكتب الهندسي المشرف المعتمد من هيئة المدن الصناعية وتقرير المكتب الهندسي يوضح بأن الأعمال متوقفة وهناك بعض الأخطاء في العمل المنفَّذ. هل أستطيع فسخ العقد واسترجاع قيمة الدفعة الثانية أم يجب أن أنتظر حتى انتهاء العقد؟ شكرًا لكم! Questions & Answers
KSA
هل يحق صرف راتب إجازة لموظف وهو يرفض التجديد؟
س: عندي موظف يعمل لدينا منذ سنة وطلب عدم تجديد عقده بخطاب رسمي. هل يحق صرف راتب إجازة وهو يرفض التجديد؟ Questions & Answers
UAE
حق الأخ في معاش أخيه المتوفى
Q: مرحبًا، يوم سعيد! أردت أن أسأل عن القوانين المنصوص عليها بخصوص معاش الأخ المتوفى. أريد المطالبة بحقوقي كأخ. Questions & Answers
UAE
Is it possible for a UAE court to oppose a judgment issued by a foreign country?
Q: My ex-wife and I are of the same nationality, non-Muslims. We were married at home country and were divorced back home in Feb 2021. The court back home granted custody to me. The children are 16 and 9 - all living with me in the UAE. They all go to school here in the UAE. However, she refused to go back home and now is an illegal alien living here in the UAE with an expired tourist visa with overstay fines of more than 6000 dhs. She just hired a lawyer here in the UAE to try to take back the custody. Can she do that? Or to be precise, can the UAE court meddle with the court decree of the home country? Questions & Answers
UAE
Is it allowed to be represented by a lawyer before the small claims tribunal judge?
Q: Dear lawyer(s), I have a case against me in the DIFC small claims tribunal. Am I allowed to be represented by a lawyer before the small claims tribunal judge? I know I can have assistance in preparing any defense, but can I be represented by a lawyer? If not, is it possible to submit permission before the court and ask for a lawyer`s representation? Thank you in advance! Questions & Answers
UAE
What happens if an employer doesn't cancel the employment visa when the employee is abroad?
Q: Hi, I would like to share my query to find the relevant answer. Currently, I am out of the country (UAE). My employer terminated me from employment and my visa would be expiring in October 2021. What happens if my employer doesn`t cancel my employment visa and it automatically expires or gets canceled in October 2021? Do I get the end-of-service benefits? Please advise! Questions & Answers
UAE
Salary delay as a reason for filing a labor case and joining a new employer
Q: Hi, I am employed in Abu Dhabi. My employer owes me 2.5 months of salary as he didn`t pay me on time. I have a job offer from another employer wherein I have to join immediately. They will apply for my new visa. If I request to cancel my current visa and get a new visa from the new employer, can I still sue my previous employer after 1 or 2 months? Could you please tell me my options in this? I have to obtain a new visa from the employer and some international travel requirements are there in my employment. Questions & Answers
UAE
A client refuses to pay the brokerages fees
Q: I am a real estate agent. Recently, one of my clients viewed a floor on my behalf. He came through my advertisement and I arranged his viewing. After viewing, he took a complete floor directly from management. He denied paying my brokerage fees. I am an agent who makes viewing on the 7th floor in the building and the building security knows very well that no one came before for this floor. After 4 days, my client closed the deal directly because there is a number mentioned in the management at the building security reception. When I called the management to inform him, he is a key client, one of them replayed: "sorry, we can’t do anything for skipping the agency fees". I need legal advice on how to take legal action. Please help! Questions & Answers
UAE
Falsely accusing employees of theft after filing labor cases against him
Q: Good day, I was hoping to get legal advice regarding my situation. Three of us in the company filed a labor complaint against the employer due to delayed and incomplete salary since May of 2020. The labor called our employer and agrees to settle our due within 10 days, however after that conversation, our boss sent us messages falsely accusing us of theft. He said that he has evidence but we are sure that this is just a threat as we didn`t do anything wrong. On the day of settlement, as he promised, he never gave us anything, instead, he harassed us to sign the cancellation without getting our balance and threatened us that we will go to jail if we refuse. We know that this is what will happen because he did the same thing to other ex-employees who complained and those who ended contracts with him not getting anything because of that wrongful accusation. What should we do next? Shall we inform the labor regarding this or just file a case for defamation regarding his false allegation? Questions & Answers
UAE
Is leave salary calculation based on basic salary or full salary?
Q: Is leave salary calculation based on basic salary or full salary at the time of resignation or termination? Questions & Answers
UAE
Determining the commencement date to consider for EOSB and leave salaries calculation
Q: Dear Ms. Rajasree, I am working in a private company in Dubai under unlimited contract. I need some clarification related to the calculation of leave salary and the EOSB. My labour contract was initiated on 02/07/2020 but the company called me for the work on 01/09/2020. I was unemployed for two months. Now, the company terminated me on 01/07/2021 with one month notice ending on 31/07/2021 due to a poor business situation. Now my question is, which date do I have to consider for the EOSB and the leave salaries calculation? My company says that all calculations will start from the date of joining. Kindly I request you to clarify in this regard. Best Regards, Mohamed Questions & Answers
UAE