Solutions to Legal Issues

If a person has been working for a company in the UAE for more than 3 years, and the company decides to terminate the person. Employment Contracts tell us that the type of Labour Contract is an Unlimited Contract. Now the company is not terminating that person and asks him to resign instead. We all know that no company can terminate a job without any valid reasons and cannot force an employee to resign. What should an employee do in this situation? What are his Labour Rights and where does he stand? First of all, the employee should not resign from his designation or position. It will stop him or her from giving up many of his or her rights, which he or she can get if he or she is terminated by the Company.

Termination Wrongful

If the termination could be proved wrongful, then the employee can also ask for compensation for unfair dismissal. Second, the employee should approach the Labour Department and lodge a complaint against the company. This complaint will put the employee on the safe side. The employer or the company can’t put him at risk or in trouble. Therefore, employees should quickly go to the Labour Department or approach MOHRE and lodge the complaint. To better understand the unfair dismissals, the Lawyers and the Legal Consultants can be hired. Pay a consultation fee and grab the legal opinion in this regard.

Labour Employment VISA

If a person who came to the UAE 10 years before, got a proper Labour Employment VISA, worked for a few months( more than a year, finished his probation period, then went back to his Country on annual leave. Because of health reasons, he could not be back. After some time, he got another opportunity, but in another Middle Eastern country. The VISA was supposed to expire after two years, which it had. However, the passport of the employee does not state the same results. This scenario tells us as per UAE Labour Law, that a visa should be properly cancelled by the employer in the UAE.

Passport

If it is assumed that the person got another job, got moved to another country or cant come to UAE due to any reason, then there is another provision available which is to share the Passport. Passports can be sent to the company in the UAE and the PRO of the company or anybody who is authorised can cancel the VISA properly. Keep in mind such acts make the employer put absconding on the employees as well. The employee can be banned for the time frame provided by the UAE Labour Law this regard, which is 1 year.

DMCC

If an employee is working in a Freezone Company like DMCC and he is not being paid with his end-of-service benefits, then first he will contact DMCC authorities to lodge the complaint. He will get a start from DMCC indeed, different than Main Land Companies where directly employee can contact MOHRE /Labour Department. If FreeZone authority sends you to the Labour Department later, you have to go through FreeZone first. The Laws of FreeZone are also a little different from those of Mainland Companies.

Spreading Rumors

If a person has been arrested for spreading the rumours, in UAE and given fines or imprisonment then the UAE government has the right to take this decision. Nobody has the right to spread false rumours in the United Arab Emirates. The UAE government provides the best quality human and employment rights to people living and working in the UAE. Therefore, no one has the right to do anything against the UAE. Lawyers or Law Firms in Dubai, any reference, etc., nobody can help you in this regard if you are found guilty.

Lawyers from Emirati Law Firms, e.g. Al Shaiba Advocates and Legal Consultants can be hired to understand the UAE Labour Law, Limited and Unlimited Contracts, Absconding, Employment Cases, Court Complaints, Free Zone Labour Cases, Main Land Labour Cases, Unpaid Dues, Discrimination etc. Al Shaiba Advocates and Legal Consultants is owned by Advocate Mr Mohamamd Ebrahim Al Shaiba who also writes in Gulf News. Such Law Firms should always be hired for quality services and results. The benefit of having Emirati Law Firms and well-reputed law firms is guaranteed results, reliable solutions and no cheating. You can also learn about DUE DILIGENCE in the United Arab Emirates Here.

• Additional Note added later in February 2025

          The post content was written in 2020. Now, this is 2025, where there have been several updates inthe  UAE Labour Law. Therefore, we suggest consulting the legal experts first, then make up your mind. Dont take guidance from the content written previously, before the major update came in 2022. We are one of the best law firms in Dubai and across the Dubai. We have a top team of lawyers and legal consultants. We have top lawyers for labour law matters and disputes. Therefore, consult our lawyers and legal consultants first, then make a decision. The old content can be outdated or changed. Therefore, this is suggested to check with good lawyers and legal consultants first. For example, the unlimited and limited contracts have been changed, now there is only one contract, and that isa  2 or 3-year limited. But there is no restriction like before. Therefore dont listen to any rumour, dont listen to any OLD advice or content. Always read and check the latest content. For the latest content and services, please consult our legal experts first. Ask The Law legal support and services are managed by Dubai’s top lawyers and legal consultants.