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235 questions

Labour / Employment

How do I file an employment claim in the DIFC Courts in Dubai?

Jun 26, 2026·1 answers
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Lawyer
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If you work for a company registered in the Dubai International Financial Centre (DIFC), your employment is generally governed by DIFC employment law and disputes are handled by the DIFC Courts rather than MOHRE. The DIFC Courts are a separate, common-law-based system with their own rules and procedures. Depending on the value of the claim, smaller employment disputes may be dealt with through the DIFC Courts' Small Claims Tribunal, which is designed to be more accessible, while larger or more complex matters go before the relevant court division. To start, you prepare and file your claim through the DIFC Courts' procedures, setting out the entitlements you are seeking—such as unpaid wages, notice, or end-of-service amounts—and attaching your contract and supporting evidence. The court process can include a hearing and a judgment, with enforcement mechanisms available if the employer does not comply. Because procedures, claim thresholds, and any charges are set by the DIFC Courts and can change, confirm the current requirements on their official portal. For tailored help, you can compare verified UAE legal professionals on LEXAI who handle DIFC matters.

Labour / Employment

Should my lunch break count as part of my working hours in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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Breaks sit on top of working hours, not inside them — that is the legal default, so clocking out for lunch is not itself the problem. The problem is the arithmetic it creates. Normal working hours under the Labour Law are capped at eight per day and forty-eight per week, so if you are now performing nine hours of actual work plus an unpaid hour of lunch, the company is over the cap, and the extra hour has to be treated and paid as overtime unless your role falls into one of the narrow exempt categories. There is also the contract point: you agreed to nine hours including lunch — effectively eight worked. Moving everyone to ten hours on site with nine worked is a unilateral change to agreed terms, and an employer cannot worsen contractual conditions without the employee's consent. Practical steps: keep your clock-in and clock-out records, put the discrepancy to HR in writing, and ask the company either to restore the contractual arrangement or to pay the additional hour as overtime. If it does neither, a MOHRE complaint follows naturally. A licensed UAE lawyer can confirm whether any exemption genuinely covers your role.

Labour / Employment

Can I stay in the UAE to attend my labour case after my visa was cancelled?

Jun 10, 2026·1 answers
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Lawyer
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You can apply to stay. Workers with a labour case still before MOHRE or the courts can obtain a temporary permit from the immigration authorities so a visa cancellation does not force them out mid-claim. The usual route is to get a letter from the court or MOHRE confirming the dispute is pending, then apply through the immigration authority (GDRFA in Dubai, ICP elsewhere) before your post-cancellation grace period runs out; the permit is issued for a limited, renewable period tied to the case. And no, leaving does not kill the case. You can sign a power of attorney for a lawyer or trusted representative to continue it; if you are already abroad, the power of attorney is signed there and legalised through the UAE embassy. Judgments can be issued and enforced in your absence, and any award transferred to you. Practical steps: secure the pending-case letter now, apply for the permit promptly, and keep copies of your contract, payslips and the cancellation paper. A labour lawyer licensed in the UAE can handle the permit application and run the case whether you stay or go.

Labour / Employment

Does the UAE summer midday break rule cover outdoor workers like me?

Jun 10, 2026·1 answers
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Lawyer
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The midday break rule exists for exactly your situation. Every summer — broadly from mid-June to mid-September — work under direct sunlight and in open areas is prohibited during the midday hours, and construction sites are the rule's main target. Employers must reschedule work around the ban and provide shaded rest areas and water; MOHRE inspects sites through the season and fines companies for each worker found in violation. A foreman keeping a crew going through the afternoon heat in that window is not a grey area. Reporting is straightforward: complaints go through MOHRE's call centre or app, and you can flag a violating site without identifying yourself publicly — inspections do not name the worker who triggered them. As for your job: retaliating against a worker for reporting a violation is itself unlawful, and a dismissal provoked by a complaint can ground an abusive-dismissal claim with compensation. Keep simple evidence — dates, times, and photos if it is safe to take them. If you are dismissed or threatened after raising it, speak to a licensed UAE labour lawyer promptly; the timing of a dismissal right after a complaint speaks loudly.

Labour / Employment

What can I do if my employer makes me return part of my WPS salary in cash?

Jun 10, 2026·1 answers
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Lawyer
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What your company is doing is unlawful, and your coworker is right that the authorities know the scheme well — transferring the full registered salary through WPS and then clawing part of it back in cash is wage manipulation dressed up as compliance, and it defeats the entire purpose of the system. The practical question is evidence, because on paper the company looks clean. Quietly build a record: bank statements showing the credits, any messages or voice notes asking for the cash back, dates and amounts you handed over, and which colleagues experienced the same. Several workers reporting an identical pattern is far harder to dismiss than one. Complaints go through MOHRE's call centre or app, and you can flag the violation without making yourself the public face of it. On the job-loss fear: dismissing a worker for reporting a violation is itself unlawful, and a termination that follows a complaint can support an abusive-dismissal claim with compensation — the timing tells its own story. Be careful what you sign, too; never sign receipts saying you received money you handed back. A licensed UAE labour lawyer can help you and your colleagues structure the complaint safely.

Labour / Employment

Can my employer refuse annual leave while I'm on probation in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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There is no rule in the Labour Law banning annual leave during probation, but your entitlement does build with service, which is where your manager's six-month idea comes from — in distorted form. The law gives thirty calendar days of annual leave per completed year, and once you pass six months of service you become entitled to leave on a pro-rated basis. Before that point you have little accrued statutory leave to insist on, and the employer also controls timing: leave dates are set according to work requirements, so a refusal during probation is usually lawful even where a blanket nothing-for-six-months policy appears nowhere in writing. What the company cannot do is erase the leave you are accruing — it stays on your balance and follows you. Practically: ask whether the refusal is about timing or policy, request unpaid leave if the need is urgent, and get any arrangement in writing. If refusals continue after your entitlement has clearly accrued, that becomes a matter you can raise with MOHRE. A UAE-licensed employment lawyer can read your contract and tell you exactly what you can demand, and when.

Labour / Employment

Can I take annual leave during my notice period in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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HR is closer to the legal position than your colleague. Under the UAE Labour Law, the timing of annual leave is set by the employer in line with work requirements — leave is your right, but when you take it is not solely your choice, and that applies during a notice period too. An employer can legitimately require you to work your full 30 days so the handover is completed, and many do exactly that with resigning staff. What they cannot do is make your unused leave disappear: any accrued days you have not taken by your last working day must be paid out in cash with your final settlement, calculated on your basic salary. So you will not lose the value of those 12 days either way — the question is only whether you spend them on a beach or receive them as money. If you would rather take the days, ask in writing; some employers agree, especially if the handover is genuinely done, but they are entitled to refuse. Check your final settlement carefully to confirm the leave payout, gratuity and any other dues are all included. If the settlement arrives short, an employment lawyer can quickly tell you whether the numbers match what the law requires.

Labour / Employment

Can my employer keep rejecting the annual leave dates I request in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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The employer's power here is real but not unlimited. Under UAE labour law the company may set leave timing according to work requirements — that part is true — but annual leave itself is a statutory entitlement, and a scheduling power used to deny leave altogether stops being scheduling and becomes a violation. More than a year of refusals, on every request, with no alternative dates ever offered, is well past that line. Build the record first: submit requests through the official channel, offer two or three alternative windows each time, and keep the rejections in writing. Then escalate internally — a short, factual email to HR noting that no leave has been approved in over a year and asking for confirmed dates within a defined period. If that produces nothing, file a complaint with MOHRE; a documented pattern of blanket refusals is exactly what mediators respond to. Remember also that accrued untaken leave must be compensated at end of service, so the record you build protects your money either way. An employment lawyer licensed in the UAE can help frame the complaint so it lands as a denial of entitlement rather than a scheduling quarrel.

Labour / Employment

Can my employer deduct training costs from my end of service gratuity?

Jun 10, 2026·1 answers
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Lawyer
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A form signed in your first week does not hand the company your gratuity. Training repayment clauses are not automatically void in the UAE — an employer who genuinely funded a course can, in principle, agree recovery terms — but enforcing one is nothing like a free pass to deduct. The employer needs to show a real, documented cost: invoices, what the training was, who delivered it, what was actually paid. A round figure that happens to swallow almost your whole end-of-service, with no breakdown ever shown to you, is exactly the kind of claim UAE courts treat with suspicion. Deductions from a worker's entitlements are restricted by law, and a disputed debt is for a court to award, not for HR to self-serve from your gratuity. So ask in writing for the full breakdown and supporting invoices, refuse to sign any final settlement acknowledging the deduction, and if they withhold the money anyway, file with MOHRE — the burden of proving the cost sits with them. Before you sign anything at all, it is worth letting a licensed UAE employment lawyer read the clause; wording and timing often decide these cases.

Labour / Employment

Is commission included when my end of service gratuity is calculated in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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HR is reciting the default rule: end-of-service gratuity is calculated on basic salary, excluding allowances — and on a plain reading of a contract with a small basic and variable extras, that produces the tiny number you fear. But where pay is wholly or mainly commission, the position is genuinely more nuanced. UAE courts look at how remuneration was actually structured, and regularly paid commission that forms the real core of an agreed pay package has, in some cases, been treated as part of the wage for end-of-service purposes rather than as a bonus sitting outside it. The outcome turns on your contract wording, how the commission was promised and paid, and how consistent it was month to month. So before accepting HR's figure, assemble the evidence: your contract, any commission scheme documents, and bank statements or payslips showing the pattern over the years. Calculate the gratuity both ways so you know what is actually at stake. Then raise it through MOHRE if the employer will not engage. This is an area where the paperwork decides everything, and a licensed UAE lawyer reviewing your contract can tell you quickly whether the commission argument has legs in your case.

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