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235 questions

Labour / Employment

Does unused annual leave expire in the UAE or must it be paid out?

Jun 10, 2026·1 answers
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Lawyer
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An internal policy cannot erase what the law guarantees. The starting point under the UAE Labour Law is that annual leave should be used in the year it falls due, and carrying days over or cashing them out during service is something the employer can regulate by agreement. But two things cut against a blanket forfeited-in-December rule. First, whatever happens during employment, leave you have legally accrued and not taken must be paid out when the employment ends, calculated on basic salary — a policy cannot delete that. Second, forfeiture is hard to defend where the employer itself stopped you taking leave: you did not skip your days, the company was short-staffed and needed you at your desk, and that context matters in any dispute. So put it in writing now: email HR setting out the leave you requested or could not take and why, and ask for carryover or encashment. Keep copies — that record protects your end-of-service calculation later. If HR holds the line, a MOHRE complaint is the route. It would be sensible to have a licensed UAE lawyer look at the policy wording before you escalate.

Labour / Employment

How does paid sick leave work in the UAE and what proof can my employer ask for?

Jun 10, 2026·1 answers
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Lawyer
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After probation, you are entitled to up to ninety days of sick leave per year: the first fifteen days at full pay, the next thirty at half pay, and the remainder unpaid. During probation there is no entitlement to paid sick leave. To claim it, you must notify your employer of the illness within three working days and provide a medical report issued by a licensed medical body. A sick note from a licensed clinic is normally sufficient; your employer can reasonably ask for the formal medical certificate, but cannot keep inventing extra documents as a condition of paying what the law requires. If your week off fell after probation and you supplied a valid certificate, deducting the full week from your salary is not permitted; those days should simply draw down your paid sick-leave balance. Put your position in writing, attach the medical report, and ask HR to confirm the basis of any deduction so there is a record. If they refuse to correct it, you can raise a wage complaint with MOHRE at no cost. A licensed lawyer familiar with UAE labour practice can help if the employer continues to withhold the pay.

Labour / Employment

Can my employer deduct money from my salary for damages or mistakes in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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Your employer cannot simply take a large slice of your salary because of an accident. The UAE Labour Law only allows deductions in defined situations, and recovering the cost of damage caused by a worker is one of them, but with strict limits: the amount deducted for damage in any one month is capped at five days' wage, and going beyond that needs court approval. On top of that, total deductions from your monthly pay, from all causes combined, cannot exceed half your wage. A one-off deduction of a big part of your salary, imposed without any agreed procedure, investigation, or acknowledgment from you, is very likely unlawful. It also matters that nothing about deductions was explained in your contract. Ask the company in writing for the legal basis and the calculation behind the deduction, and keep a copy of the accident report if one exists. If they will not return the excess, file a complaint with MOHRE, which can order wrongly withheld wages repaid. Speaking with a UAE labour lawyer before escalating can clarify whether the deduction was lawful in your case and how much you can recover.

Labour / Employment

How are employment rights in DIFC different from onshore Dubai?

Jun 10, 2026·1 answers
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Lawyer
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DIFC employment is governed by the centre's own employment law and its own courts, so the two offers really do sit under different legal systems. The biggest practical differences are three. First, end-of-service money: onshore Dubai employers pay a gratuity when you leave, calculated on basic salary and years of service, while DIFC employers instead make monthly contributions into a workplace savings plan known as DEWS throughout your employment, which you can monitor and take with you. Second, disputes: onshore complaints start with MOHRE and proceed to the UAE courts in Arabic, while DIFC disputes go to the DIFC Courts, a common-law, English-language forum with a small claims tribunal that handles most employment matters. Third, the rulebooks differ on leave, sick pay, discrimination protections, and termination mechanics, so the same situation can play out differently in each. Before choosing, compare the basic-versus-allowances split, notice periods, non-compete clauses, the DEWS contribution against a projected gratuity, and which dispute forum you would rather use. Neither system is automatically better; it depends on the contract in front of you. A lawyer who handles both DIFC and onshore matters can compare the two contracts line by line.

Labour / Employment

What rights do domestic workers like housemaids and nannies have in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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Domestic workers in the UAE, including housemaids and nannies, are protected by a dedicated federal law, and several things you describe are violations of it. You are entitled to be paid your agreed wage promptly each month, to one paid weekly rest day rather than one day a month, to daily rest hours, to thirty days of paid annual leave per year, and to decent accommodation and medical care. Your employer is not allowed to keep your passport; identity documents belong to you. Two months of unpaid wages is a serious breach on its own. Complaints from domestic workers are handled by MOHRE, which runs a dispute process specifically for this sector; you can call its hotline or visit a service centre, and the standard contract signed when you were hired is the reference point for what you are owed. Your home country's embassy or consulate can also support you, particularly if you feel unsafe raising the issue while living in your employer's home. Keep whatever proof you have, such as messages about salary or a photo of your contract. A licensed lawyer or a legal aid service in the UAE can act for you discreetly if the employer retaliates.

Labour / Employment

Is there a rule on how much of my pay must be basic salary in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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For most private-sector jobs onshore there is no fixed legal ratio dictating how much of your package must be basic salary, so the recruiter is right that allowance-heavy splits are common and lawful. But your friend is right that the split matters. End-of-service gratuity is calculated on your basic wage only, so a low basic directly shrinks what you collect when you eventually leave, and over several years the difference can be substantial. Other calculations and assessments, from certain leave-related payments to bank lending and some visa criteria, can also key off the basic figure or how the package is documented. The split is set by the contract you sign and register, so treat it as a negotiation point rather than a formality: ask for a higher basic even at the same total package, and make sure the contract registered with MOHRE or your free zone matches the offer letter. Get the final breakdown in writing before you accept, because changing it later requires the employer's agreement. A lawyer experienced in UAE employment contracts can model what the split means for your end-of-service benefits before you sign.

Labour / Employment

Is my employer required to pay for an annual flight ticket home in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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An annual flight ticket home is not a legal requirement in the UAE; it is a contractual benefit that some employers offer and others do not. The Labour Law does not oblige private employers to fly staff home every year, which is why practice varies so much between companies. What the law does require is different: at the end of your employment, the employer generally bears the cost of returning you to your home country, unless you move to another employer in the UAE or the law places that cost on you because of how the employment ended. So the statutory entitlement is a repatriation ticket at the end of service, not a yearly holiday flight. That said, if your offer letter, contract, or staff handbook promises an annual ticket, that promise is enforceable as a term of your employment even though no statute requires it, so it is worth re-reading your documents carefully before accepting the company's position. If a written benefit is being denied, you can pursue it through MOHRE like any other contractual entitlement. If your contract documents are ambiguous on the point, a licensed UAE lawyer can tell you whether the promise is enforceable.

Labour / Employment

How does gratuity work for an old unlimited contract in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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Your full service counts as one continuous period, and your gratuity will be calculated under the current law using your final basic salary. When Federal Decree-Law 33 of 2021 came into force, existing unlimited contracts had to be converted to fixed-term ones, but the conversion did not break or reset service; your ten-plus years all count. The calculation is twenty-one days of basic wage for each of your first five years of service and thirty days of basic wage for each year after that, with the total capped at two years' wage. Importantly, the old rules that reduced gratuity when an employee resigned from an unlimited contract no longer apply, so resigning now does not cut your entitlement the way it once might have. Days of unpaid absence can be excluded from the service calculation, and any part of a year beyond your completed years is paid pro rata. Before you resign, ask HR for a written breakdown of your expected end-of-service figure and check that the basic salary used is your current one, not a historic number. An employment lawyer in the UAE can check the calculation against your service history before you sign any settlement.

Labour / Employment

Can a non-compete clause stop me joining a competitor in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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Non-compete clauses are enforceable in the UAE, but only within strict limits, and many are drafted far wider than a court would uphold. Under the Labour Law, a non-compete must protect a legitimate business interest, such as trade secrets or client relationships you genuinely had access to, and must be limited in duration, geography, and the type of work covered. The maximum duration the law allows is two years, and courts read these clauses narrowly. To actually stop you, your employer would generally need to sue and prove real, quantifiable harm caused by your move; threats are far more common than successful claims, and pre-emptive injunctions are not the norm. Before deciding, weigh up how directly the new role overlaps with your current one, whether you hold genuine confidential information or client lists, and whether your employer has met its own obligations to you, since an employer in breach can lose the right to enforce the clause. It is also worth asking the new company whether it will stand behind you if a dispute arises. Given the threats, it is worth having a UAE employment lawyer read the exact clause before you accept the offer.

Labour / Employment

What is salary in lieu of notice and when does it apply in the UAE?

Jun 10, 2026·1 answers
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Lawyer
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Salary in lieu of notice is a payment equal to the wage you would have earned had you worked your notice period. The Labour Law lets either party end a contract with written notice, normally between thirty and ninety days as fixed in your contract, and it allows the terminating party to pay compensation for that period instead of having it worked. The payment should be based on your wage as defined in your contract, so in principle it reflects what you would actually have been paid for those days rather than a stripped-down figure, and your other entitlements remain due in full: end-of-service gratuity, payment for unused annual leave, and any contractual benefits owed on termination. You generally cannot insist on physically serving the notice once the employer has chosen to pay in lieu; that choice belongs to the side ending the contract. What you can do is check the arithmetic: confirm the number of notice days, the wage figure used, and that the final settlement itemises gratuity and leave separately from the notice payment. Your visa cancellation and grace period then follow the usual process. Before signing a final settlement, have a licensed UAE lawyer verify the figure includes everything you are owed.

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