Family cases in the UAE are among the most important types of lawsuits, as they are related to the family, from marriage to custody, divorce, and other matters.

For this reason, if you need to obtain legal consultation regarding family cases in the UAE, you should contact Samaha Legal Consultancy.

When Do You Need Legal Consultations Regarding Family Cases in the UAE?

Some family cases in the UAE attract the attention of society and the court, and they require legal consultations from a specialized law firm like Samaha Legal Consultancy. The most prominent of these family cases are:

• Divorce and Child Custody Cases: This includes divorce, determining child custody, the division of marital property, and spousal support.
• Domestic Violence: Domestic violence cases are among the most important social issues that require consultation with a specialized law firm for family cases in the UAE, such as Samaha Legal Consultancy.
• Family Inheritance: These are inheritance cases and the legal and Sharia-compliant division of property among all family members, in accordance with applicable UAE law.
• Marriage and Divorce Cases: This includes the procedures for marriage and divorce and their related judgments.

Family cases in the UAE require legal and social intervention to ensure the protection of individuals’ rights and the building of sound and stable family relationships.

How to Choose a Suitable Legal Consultant for Family Cases in the UAE

A family legal consultant is a lawyer specializing in family law who provides legal consultations on family matters. Their job includes providing legal advice and guidance.

While searching for a legal consultant for family cases in the UAE, you should follow these steps to choose a suitable one:

• Search for accredited family consultants in the UAE and seek out others’ opinions and recommendations to identify suitable options.
• Verify the credentials and licenses of the family consultant’s office, and check their professional and educational background.
• Contact potential consultants, ask fundamental questions, and gauge their responsiveness and style.
• Verify personal compatibility with the family consultant and make sure you are comfortable dealing with them and understand their work approach.
• Ask for details about the cost and timeline for sessions and consultations with the family consultant.
• Rely on recommendations from people who have previously used the family consultant’s services to get relevant evaluations and suggestions.
• Ensure that the family consultant has integrity and maintains confidentiality when dealing with family problems and challenges.

Ultimately, if you need a specialized law firm for family cases in the UAE, Samaha Legal Consultancy is your best choice.

Steps to Obtain a Legal Consultation on Family Cases in the UAE

To obtain a legal consultation on family cases in the UAE, you can follow these steps:

• Search for a family lawyer in the UAE who specializes in family law and family cases, and check their focus and experience in this field.
• Verify the lawyer’s accreditation and license to practice in the UAE.
• Contact the lawyer and arrange an initial consultation to discuss the case and receive preliminary advice.
• Provide details about the family case that requires legal consultation and clearly explain your concerns.
• Consult with the lawyer about a potential plan of action for the case and get the necessary guidance.
• Be sure to understand the potential cost of legal services and the fees associated with the case to determine if it is suitable for you.
• Agree with the lawyer on the terms and expected duration for handling the case and define the required tasks.
• Confirm your commitment to confidentiality with the lawyer and build a collaborative relationship based on trust.

The Role of Our Firm in Providing Family Consultations in the UAE

Samaha Law Firm is a specialized law firm that provides legal consultations in the UAE, which includes family cases. The firm provides its services to clients seeking legal advice on family matters.

The role of Samaha Law Firm in family cases in the UAE is as follows:

• The firm provides legal guidance and direction related to family cases, such as divorce, child custody, and spouses’ rights.
• The firm’s lawyers represent their clients in courts and pleadings in family cases, and work to protect their interests in accordance with the new Personal Status Law.
• The firm assists you in preparing the necessary legal documents and agreements in family cases.
• The lawyers at Samaha Law Firm provide consultations and services in the field of civil marriage and civil divorce for non-Muslims, in accordance with the civil Personal Status Law.
• Resolving family disputes through legal means and working to reach agreements that provide acceptable solutions for all parties.

What is the Importance of Seeking Help from a Consultant in Family Cases in the UAE?

The importance of seeking help from a family consultant comes from obtaining legal consultations and services for pleading and defending the client’s rights, in addition to understanding rights and duties.

This concludes our article on family cases in the UAE, in which we provided information on what family cases in the UAE are, how to obtain a consultation from Samaha Legal Consultancy, and highlighted the role of our firm in this field.

Therefore, when you need any consultation regarding family cases in the UAE, you should contact us at Samaha Law Firm.

The Khula law in the UAE provides a solution for a married couple to end their marriage contract when it is impossible to continue, according to specific conditions and procedures.

Provisions of the Khula Law in the UAE

The Khula law in the UAE affirms the wife’s right to request khula. It is defined as a separation between spouses at the wife’s request and with the husband’s consent in exchange for a consideration (iwad) paid by the wife or someone else. A khula results in an irrevocable minor divorce (talaq bain baynouna sughra).

According to Article 66 of the UAE Personal Status Law No. 41 of 2024, the consideration for khula can be as follows:

1. Anything that can be considered property can be a consideration for khula.
2. If the consideration is the dowry (mahr), it is limited to the return of what was received of the dowry, and the rest is forfeited, even if it was deferred.
3. The agreement cannot stipulate that the consideration for khula is any of the children’s rights, financial support, or custody.
4. If the husband intentionally refuses the offered consideration, the court will grant the khula in exchange for an appropriate consideration determined by the court.

 types of khula

1. Consensual Khula

• It is a contract based on the mutual consent of the spouses to end their marriage.
• The spouses agree on the financial consideration to be paid by the wife in exchange for the divorce.
• Consensual khula is carried out based on an amicable agreement between the spouses.

2. Judicial Khula

• It is based on a judgment issued by the competent court if the husband refuses the khula amicably.
• The court determines the financial consideration based on the specific circumstances of each case.
• The wife must file a lawsuit in court to request the khula.

Conditions for Khula under the Khula Law in the UAE

To ensure the validity of the khula presented before the competent court, certain conditions must be met, as stipulated by the Khula law in the UAE. These include:

1. Both spouses must have reached the legal age of maturity and have full legal capacity.
2. The marriage contract must be valid, legal, and Sharia-compliant.
3. There must be genuine, convincing, and legitimate reasons for the request.
4. The wife must pay a sum of money to the husband in exchange for the khula. If the wife lacks legal capacity or is not of legal age, her guardian can offer the appropriate consideration on her behalf.
5. The value of the consideration must be based on a prior agreement between the spouses. If the husband intentionally refuses the amount, the court will determine an appropriate financial consideration.
6. The agreement cannot be that the khula is in exchange for the woman waiving her right to child custody or their financial support.
7. The funds agreed upon as consideration for khula must not be illegitimate or legally prohibited.

You can learn all the conditions for khula and their legality according to the Khula law in the UAE easily by contacting Samaha Legal Consultancy.

Procedures for Filing a Khula Lawsuit

In cases of consensual khula, certain procedures must be followed:

1. A khula contract must be created with the consent of both parties, including their personal details.
2. The contract must include the genuine, logical, and legitimate reasons that led to the khula request.
3. After verifying that the contract meets the legal conditions, a specialized divorce lawyer, such as from Samaha Legal Consultancy, will have the contract signed by both spouses.
4. The khula decision must be documented before the Sharia court within 15 days of its issuance.

In cases of judicial khula, the following must be followed:

1. The wife must file a judicial khula lawsuit with the competent court to request the khula, as stipulated by the Khula law in the UAE.
2. She must prove the genuine and legitimate reasons for her request to the judge.
3. When the judge is convinced of the necessity of separation between the spouses, they will issue a decision and grant the khula according to the provisions of the Khula law in the UAE.

By contacting a specialized lawyer in such cases, like Samaha Legal Consultancy, you can complete these procedures in an effective and legal manner.

What is the Difference Between Talaq (Divorce) and Khula Law in the UAE?

There are some key differences between a separation through a Khula law in the UAE and a conventional Talaq (divorce):

• Khula:
  • It is based on an agreement between the husband and wife.
  • A financial consideration is an essential pillar of khula.
  • The wife often cannot get all or some of her rights.
  • It is considered an irrevocable minor divorce.
• Talaq:
  • It is initiated by the husband’s will, either explicitly or implicitly.
  • It does not require a financial consideration.
  • The wife receives all her legal rights, such as financial support and dowry.
  • It can be revocable after the first or second time and becomes an irrevocable major divorce on the third occasion.

How Can a Specialized Lawyer at Samaha Legal Consultancy Assist with Khula Cases?

Khula cases are sensitive and presented before Sharia courts due to the conditions required by the Khula law in the UAE.

Samaha Legal Consultancy has a team of highly experienced lawyers in personal status laws related to divorce and khula. They can help you with the following:

1. Providing Consultations: They offer all necessary legal consultations on how a woman should act if she wishes to obtain khula as quickly as possible.
2. Preparing the Khula Contract: They help you prepare the khula contract in a legally sound format, mentioning the genuine, logical, and convincing reasons that led the wife to request khula.
3. Court Representation: If the wife is forced to file a judicial lawsuit, a specialized lawyer can represent her before the competent court and present all legal defenses.
4. Preparing Legal Memoranda: They can prepare legal memoranda to respond to the opponent’s requests in the lawsuit.
5. Enforcing the Judgment: They can enforce the judgment issued in the khula lawsuit and officially document it.

You can consult Samaha Legal Consultancy to understand these provisions and their proper legal application.Contact Us.

The UAE Execution Law If a judgment has been issued in your favor by a UAE court, and you wish to have that judgment enforced through the competent Execution Court, this article clarifies all the provisions of the UAE Execution Law. This information is provided by Samaha Law Firm in the UAE, a firm specializing in the UAE Execution Law.

The UAE Execution Law

The provisions of the UAE Execution Law are contained within the text of the new UAE Civil Procedures Law, issued by Federal Decree-Law No. 42 of 2022.

The UAE Execution Law addresses execution matters through an official known as the Execution Judge, who is appointed in the headquarters of every Court of First Instance, Execution Department, or Execution Court. The same mandatory procedures applicable before the Court of First Instance are followed before the Execution Judge.

Among the most important decisions that the Execution Judge issues to enforce a judgment or an executive instrument are:

• Postponing the execution of the judgment.
• Granting a grace period to the debtor.
• Installment of amounts due.
• Accepting a surety (bail/guarantee).
• Travel ban.
• The ability to detain the debtor if necessary.

What are Executive Instruments?

The following documents are considered Executive Instruments that the Execution Judge must take the necessary measures to enforce under the UAE Execution Law:

• Judgments and orders, including criminal judgments that involve compensation, fines, or other civil rights.
• Authenticated instruments (documents attested to) in accordance with the law regulating authentication and notarization.
• Settlement reports endorsed by the courts.
• Documents that the law grants the status of an executive instrument.

No executive instrument can be enforced except through a copy of that instrument bearing the following Execution Formula (صيغة التنفيذ) as per the UAE Execution Law:

“The authorities and entities specialized in the UAE Execution Law must immediately proceed to enforce this instrument and implement its requirements, and they must assist in its enforcement, even forcibly, whenever requested to do so.”

The required period for the statute of limitations for an execution request is specified as one full year. If the execution applicant does not take any action for a period not exceeding one year, the Execution Judge shall order the temporary closure of the file.

If you require legal consultation regarding the UAE Execution Law, you should contact Samaha Law Firm in the UAE, as they are a firm specializing in this field.

Execution Procedures

The UAE Execution Law also includes several procedures to compel the judgment debtor (the party against whom execution is sought) to comply, the most important of which are:

• Enforcement attachment and precautionary (or conservative) attachment.
• Imposing a travel ban on the debtor and their detention if necessary.
• Attaching what the debtor owns in the possession of a third party.
• Selling the debtor’s real estate and movable property through a public auction.

FAQs on UAE Execution Law

Can the amount be paid in installments to the Execution Judge?

Yes, the Execution Judge has the right to allow the installment payment of the due amount agreed upon according to the executive instrument, provided the debtor submits a request explaining their inability to pay the full amount.

How long does the execution period take?

The execution period can last for the time required for the debtor to be officially notified to pay, which is seven days from the date they are formally notified of the execution by the Execution Judge. If they fail to comply with the executive instrument, the court will take executive measures against them according to the provisions of the UAE Civil Procedures Law, as issued by the Execution Judge.

The execution period can typically range from 15 days to several months, especially if there is no precautionary attachment, enforcement attachment, public auction, and so on.

Does the Execution Judge have the right to reject an execution request?

Yes, the Execution Judge has the right to reject an execution request if the request pertains to a document that is not one of the executive instruments stipulated in the UAE Execution Law, such as judgments, authenticated instruments, or court-endorsed settlement reports, or if the judgment has not acquired its final or conclusive degree and is still subject to appeal.

We have provided you with a comprehensive overview of the UAE Execution Law, clarifying the procedure for execution, what constitutes an executive instrument, and its required formula.

Any person can submit an execution request before the Execution Departments in the UAE Courts by appointing a specialized lawyer, such as Samaha Law Firm, which specializes in the UAE Execution Law. Samaha Law Firm in the UAE is your best choice for matters concerning the UAE Execution Law. Contact Us.

Legal Rehabilitation (رد الاعتبار القانوني) under UAE Law occurs when a person’s violations have legal consequences related to their criminal record, deprivation of certain rights, and loss of eligibility to perform certain legal procedures. Removing these consequences and naturally reintegrating into society is an essential and necessary need that various individuals can achieve through Legal Rehabilitation under UAE Law. For legal consultation on applying for legal rehabilitation, you may contact a top specialized lawyer in the UAE, such as Samaha Law Firm.

Legal Rehabilitation under UAE Law

Legal rehabilitation under UAE Law is granted if an accused person in a minor offense has received a conviction judgment, provided that the Public Prosecution issues a decision to that effect after a pardon is granted to the convicted person, or after the execution of the imposed sentence is completed. This is pursuant to Article 4 of Federal Law No. 5 of 2022 concerning Legal Rehabilitation under UAE Law.

Furthermore, legal rehabilitation under UAE Law is granted if the convicted person is considered a recidivist by the judgment, or if their sentence has lapsed due to the passage of time, after the expiration of six months calculated from the completion of the sentence, its remission, or its lapse due to prescription.

Conditions for Legal Rehabilitation under UAE Law

Legal rehabilitation under UAE Law requires the fulfillment of a set of conditions, which can be summarized as follows:

1. The application for legal rehabilitation under UAE Law must be submitted after the convicted person has settled all their financial obligations to the state and to individuals, except in cases where these obligations have lapsed or where the applicant can prove their inability to fulfill them.
2. If the convicted person has received multiple judgments, the application for legal rehabilitation under UAE Law must treat each judgment separately in terms of procedures and compliance with the legal period.
3. To submit an application for legal rehabilitation under UAE Law, the applicant must be a resident in the UAE at the time of application.
4. In cases where the convicted person was held jointly liable for a debt by the judgment, it is sufficient for them to personally pay the amount assigned to them without being bound by others, as the share they must pay is determined by the court.

Procedures for Submitting a Legal Rehabilitation Application under UAE Law

If an individual wishes to apply for legal rehabilitation under UAE Law for a misdemeanor, they must follow the legal steps determined by Article 8 of Federal Law No. 5 of 2022 regarding Legal Rehabilitation under UAE Law, which are as follows:

The application for legal rehabilitation under UAE Law is submitted to the Public Prosecution office in the area where the applicant resides. This application must include the following information:

1. The applicant’s personal details that identify their identity.
2. A record of the places where the applicant has resided since the judgment was issued or since their release.
3. A copy of the judicial judgment issued against the applicant, in addition to another document proving the execution of the sentence, a pardon, or its lapse due to prescription.
4. The Public Prosecution undertakes the task of contacting the UAE Ministry of Interior to obtain the following data:
   • A report detailing the applicant’s criminal status since the judgment was issued or since their release.
   • A report on the applicant’s behavior during the period of sentence execution.
   • A report on the applicant’s behavior and circumstances in the places where they resided after the sentence was executed.

The Public Prosecution is responsible for verifying the application for legal rehabilitation under UAE Law and investigating all necessary information related to the applicant and their conduct. If there is nothing contrary to the law and the investigations confirm the applicant’s eligibility for acceptance, the Public Prosecution issues a decision granting Legal Rehabilitation under UAE Law.

Application for Legal Rehabilitation under UAE Law Submitted

The application is submitted to the Public Prosecution office in the area where the applicant resides after including the necessary information about the applicant’s identity and their places of residence after release or judgment. The Public Prosecution then follows up on the necessary procedures. Samaha Law Firm can assist you in finalizing the procedures for submitting a legal rehabilitation application under UAE Law.

How Long Does Legal Rehabilitation under UAE Law Take?

The application for legal rehabilitation under UAE Law cannot be submitted before the expiration of a six-month period, which is calculated from the completion of the sentence, its remission, or its lapse due to prescription. By contacting a specialized lawyer like Samaha Law Firm, you can find out all the legal details you may need regarding the timing of the application for legal rehabilitation under UAE Law.

In conclusion of our discussion on the application for legal rehabilitation under UAE Law, we have covered the conditions for accepting the application and the correct legal procedures for submission. We also emphasize the importance of contacting a specialized lawyer like Samaha Law Firm to obtain all the necessary legal details and required documents for applying for legal rehabilitation under UAE Law. Contact Us.

Eviction Notice in the UAE, Out of a desire by the Emirati legislator to regulate the relationship between a property lessor and their tenant in the UAE, it has become possible for the lessor to issue an eviction notice in the UAE to the tenant according to specific circumstances regulated by the Tenancy Law (Leasing Law).

So, what are those circumstances under which the lessor can issue an eviction notice in the UAE?

And what is the meaning of a notice and how is it submitted? To find out all of this, you should continue reading with us.

If you wish to obtain consultation regarding an eviction notice in the UAE, you should contact the best specialized law firm, Samaha Legal Consultants, in the UAE.

Eviction Notice in the UAE

Law No. (33) of 2008 amended some provisions of Law No. (26) of 2007, which regulates the relationship between both lessors and tenants of real estate in the UAE. The tenancy relationship between the property lessor and their tenant is established by virtue of a tenancy contract, which obligates the lessor to enable the tenant to utilize the property for a specified purpose for a specific period in return for a specified consideration.

It is important that the contract contains certain data and information about the leased property and specifies the tenancy terms, including:

• A description of the property that negates any ambiguity.
• The purpose of leasing it.
• The duration and consideration (rent) of the lease.
• The method of payment.
• The name of its owner if they are not the lessor.

The Emirati legislator also mandated that all tenancy contracts related to properties subject to the provisions of this law, and any amendments thereto, be registered with the Real Estate Regulatory Agency (RERA).

In addition to the foregoing, Article (25) of the Law clarified the cases in which the lessor can request an eviction notice in the UAE for the property before the end of the lease period. These cases are limited and include the following:

• If the tenant fails to pay the rent or any part thereof within thirty days from the date of being notified to pay, unless otherwise agreed upon by the two parties. In this case, the lessor can request an eviction notice in the UAE.
• The lessor can request an eviction notice in the UAE if the tenant uses the property for a purpose that violates public order or public morals or permits others to use it for such.
• If the tenant makes alterations to the property that affect its safety and make it difficult to restore to its original condition, or if they inflict damage to the property as a result of a deliberate act, as well as due to gross negligence in taking caution and prudence. In this case, the lessor can request an eviction notice in the UAE.
• If the tenant uses the property for a purpose other than that for which it was leased or uses it in a manner that violates the planning, construction, and land use regulations applicable in the Emirate. In this case, an eviction notice in the UAE is warranted.
• If the property is in danger of collapse, provided the lessor proves this with a technical report issued by or accredited by the UAE Municipality.

We must inform you that the lessor must provide the tenant with a notice through a Notary Public or registered mail.

If you need to obtain consultation regarding an eviction notice in the UAE, you should contact Samaha Legal Consultants in the UAE.

Furthermore, the Law identified four cases in which the lessor can request an eviction notice in the UAE for the property upon the expiry of the tenancy contract, as follows:

• If the property owner wishes to demolish it for reconstruction or to add new buildings that prevent the tenant from utilizing the leased property, provided they obtain the necessary licenses from the competent authorities.
• If the condition of the property necessitates comprehensive maintenance or restoration, and it is impossible to carry out the work with the tenant present in the property, noting that the condition of the property must be confirmed by a technical report issued by or accredited by Dubai Municipality.
• If the property owner desires to reclaim it for their personal use or for any of their first-degree relatives, provided they prove non-ownership of a suitable alternative.
• In the event that the property owner is commencing the sale of the leased property.

In all the aforementioned cases, the legislator mandated that the lessor must notify the tenant of the reasons for eviction at least twelve months prior to the specified eviction date.

Execution Period for an Eviction Notice Judgment in the UAE

The Emirati legislator obligated the lessor to notify the property tenant of the reasons for eviction at least twelve months prior to the specified date for the execution of the eviction notice judgment in the UAE

What is an Eviction Notice in the UAE?

The UAE Tenancy Law defined the Eviction Notice in the UAE as the notification sent through a Notary Public, registered mail, hand delivery, or any legally approved technical means to warn the tenant to vacate the property within a specified period.

We have now presented in our article everything related to the Eviction Notice in the UAE, explaining the cases specified by the Law for issuing an eviction notice in the UAE for non-payment of rent.

If you require legal consultation regarding an eviction notice in the UAE, you should contact Samaha Legal Consultants. Samaha Legal Consultants is an office specializing in the judgment of Eviction Notice in the UAE, making it always your best choice.

End-of-Service Gratuity in the UAE The efficiency of companies and institutions fundamentally depends on the performance and competency of the human resources they contain.

The performance of the entire labour force necessitates attention to their needs, which gave rise to the policies of incentives, compensation, and the End-of-Service Gratuity in the UAE.

To obtain legal consultation regarding the End-of-Service Gratuity in the UAE, contact the best specialized law firm in the Emirates: Samaha Law Firm in the UAE.

End-of-Service Gratuity in the UAE.

There is no doubt that monetary incentives, in addition to financial entitlements in their various forms, are the ultimate goal of any worker or employee and their primary objective for performing work efficiently and exerting efforts to do it properly, in addition to other goals such as gaining experience and developing skills.

Based on the awareness of the authorities concerned with labour affairs, laws were regulated to ensure that the worker receives various financial incentives, including the End-of-Service Gratuity in the UAE.

The End-of-Service Gratuity in the UAE is an amount of money that the employee or worker is entitled to upon the termination of the contractual relationship with the entity they work for, where it is described as an appreciation reward for all their efforts throughout the period of service.

Despite the importance of this gratuity and its role in improving work performance, raising efficiency, and the necessity of granting it under the UAE Labour Law, it must be granted according to specific conditions and based on a mechanism that ensures fairness in awarding this gratuity.

Accordingly, the value of the End-of-Service Gratuity in the UAE may vary:

• Between workers and employees in the private sector and the public sector.
• For fixed-term or unlimited-term employment contracts.
• The manner in which the contractual relationship was terminated.

It is important to mention that the End-of-Service Gratuity in the UAE is a vested right for the worker, whether a citizen or a foreigner, although this is conditional upon certain provisions according to Article 51 of the UAE Labour Law. The worker can claim it by filing a lawsuit if they are deprived of it.

However, the End-of-Service Gratuity in the UAE in the private sector can differ between full-time workers and those working in other work patterns, such as job-sharing, part-time work patterns, and others.

Since the value of the End-of-Service Gratuity in the UAE can depend on the worker’s wage and years of service: if the years of service do not exceed five years, the gratuity is calculated as 21 days’ wage for each year. If the years of service exceed that, 30 days’ wage is calculated for each year.

The End-of-Service Gratuity for teachers in the UAE can also primarily and fundamentally be linked to the value of the last salary the teacher received and the duration of service spent in the educational system.

In addition, the worker or employee is entitled to the End-of-Service Gratuity in the UAE in the case of resignation, and the institution or employer is not allowed to deprive them of it if the worker adhered to the work and its conditions and did not violate the concluded contract or the labour law.

It must be mentioned that the End-of-Service Gratuity in the UAE for government employees can also be given in proportion to the actual period of service the employee spent working for the government entity, according to the pension and social security legislations approved in the UAE.

End-of-Service Gratuity in the UAE for Government Employees

There are many differences between working in the government and private sectors in the United Arab Emirates. This is due to the fact that some employment relationships in the private sector are subject to the Labour Law, while government employee affairs are subject to the Human Resources Law.

However, the End-of-Service Gratuity is one of the labour rights shared between the public and private sectors, despite differences in the mechanism of calculation and application according to the laws regulating them.

In addition, the method of calculating the End-of-Service Gratuity in the UAE in the government sector differs between the Emirati citizen employee and the non-citizen employee.

Calculation of End-of-Service Gratuity in the UAE for Citizen Employees

The entitlements of citizen government employees are calculated according to the provisions of the Pensions and Social Security Law, as follows:

• The insured person receives an End-of-Service Gratuity in the UAE equivalent to one and a half months’ wage for each of the first five years, provided that their service period is not less than one full year, according to Article 39 of the UAE Pensions and Social Security Law.
• The insured person receives an End-of-Service Gratuity in the UAE equivalent to two months’ wage for each of the subsequent five years.
• The insured person receives an End-of-Service Gratuity in the UAE equivalent to three months’ wage for each year subsequent to the first ten years.
• The value of the gratuity is calculated based on the pension calculation salary.

Calculation of End-of-Service Gratuity in the UAE for Non-Citizen Employees:

A non-citizen government employee working full-time may receive an End-of-Service Gratuity in the UAE upon the termination of their service, according to the provisions of Article 41 of the Federal Government Human Resources Law, as follows:

• The End-of-Service Gratuity in the UAE for government employees is calculated based on the basic salary.
• The government employee receives the equivalent of 21 days’ basic salary for each year of the first five years.
• The government employee receives the equivalent of 30 days’ basic salary for each year exceeding that.
• The employee is not entitled to the End-of-Service Gratuity if their service period with the government entity is less than one continuous year.
• The notice period and the total number of accrued leave days that the employee did not use are included in the calculation.
• A fraction of a month is counted as a full month.
• The End-of-Service Gratuity in the UAE for an employee who obtains the nationality of the state is calculated based on the last basic salary.
• The federal entity has the right to deduct any amounts owed from the End-of-Service Gratuity in case of outstanding debts or other financial obligations.

If you need legal consultation regarding the End-of-Service Gratuity in the UAE, you should contact Samaha Law Firm in the UAE, as Samaha Law Firm is specialized in the End-of-Service Gratuity in the UAE.

Termination of Employment Contracts in the UAE and Its Cases Both the employee and the employer inquire about the possibility of terminating an employment contract in the UAE and how this termination is carried out.

To find out, you should follow this article. If you need legal consultation regarding the termination of an employment contract in the UAE, you should contact Samaha Law Firm in the UAE.

There are two types of employment contract termination cases in the UAE:

1. Termination of the Fixed-Term Employment Contract in the UAE.
2. Termination of the Unlimited-Term Employment Contract in the UAE.

Cases for Terminating a Fixed-Term Employment Contract in the UAE

Both the employee and the employer can terminate a fixed-term employment contract in the UAE in three cases, as follows:

Case One: Non-Renewal of the Fixed-Term Employment Contract.

A fixed-term employment contract ends immediately upon the expiration of the period stipulated in its texts and provisions. Often, a clause is included in the employment contract stating that the party wishing to terminate the contract at the end of its term must notify the other party in writing.

If both parties wish to renew, the contract can be renewed for a similar, longer, or shorter period with the same terms and conditions, noting that the continuation of both parties under the contract after its expiration is considered an implicit renewal thereof.

Case Two: Termination of the Fixed-Term Employment Contract in the UAE During the Probation Period.

The UAE Labour Law provides for a probation period for the employee, during which either party—the employee or the employer—may terminate the fixed-term employment contract without the need for prior notice, payment of compensation, or bearing any legal responsibility. It is stipulated that the probation period must not exceed six months, and the employer is not permitted to re-contract with the same employee for a new probation period after the first one ends.

Case Three: Termination of the Fixed-Term Employment Contract in the UAE Before the End of its Term.

In this case, the party wishing to terminate the contract must deliver a written warning notice to the other party, informing them of their desire to terminate the employment contract in the UAE before its stipulated duration ends. This is conditional on the notice period being not less than 30 days and not more than 90 days.

Termination of an Unlimited-Term Employment Contract in the UAE

In the case of concluding contracts that have no specific duration, this does not in any way mean that the contract must continue without either party being able to terminate it, in addition to the multiplicity of reasons and changing circumstances that drive one of the parties to withdraw and cancel the concluded contract.

Hence, an unlimited-term employment contract in the UAE can be terminated based on the text of Article 42 of the Labour Law, through the following cases:

• Agreement between both the employer and the employee to terminate it, provided that this is documented in writing, and includes the settlement of financial dues and the granting of a certificate of experience.
• If one of the parties wishes to terminate the contract, provided that the provisions for contract cancellation and the necessary notice period are adhered to.
• The death of the employer if the content of the contract is linked to their person.
• The death of the employee or their total and permanent inability to perform the work, conditional on submitting a certified medical certificate proving this.
• If a final judicial judgment is issued against the employee that includes a prison sentence of not less than three months.
• The final closure of the establishment or facility owned by the employer.
• The inability of the establishment to continue operating due to the employer’s bankruptcy, insolvency, or exposure to economic problems.

Conditions for Terminating an Employment Contract in the UAE by the Employer

If the employer wishes to terminate an unlimited-term employment contract in the UAE, they must adhere to many rules defined by the Labour Law, which are:

• Notifying the employee of their desire to terminate the contract in writing.
• Allowing the employee to continue working and to receive their full salary throughout the agreed-upon notice period, which should not be less than one month and not exceed three months.
• In the event of not allowing the employee to work during the notice period, the employer must provide the employee with monetary compensation called “notice allowance,” which must be equal to the employee’s wage for the entire notice period or the remaining part thereof, even if the lack of notice did not cause harm to the employee.
• Granting the employee one day of leave each week throughout the notice period for the purpose of searching for other work. The employee can determine this day according to their preference, provided they notify the employer at least three days prior to the date.
• Granting the employee all their financial entitlements, including end-of-service gratuity, delayed wages, and unused leave balance.

Conditions for Terminating an Employment Contract in the UAE by the Employee

The employee can terminate an unlimited-term employment contract in the UAE, provided they adhere to the rules stipulated in Article 43 of the Labour Law, which are:

• Informing the employer of their desire to terminate the contract in writing.
• The employee continuing to perform the work tasks assigned to them throughout the agreed-upon notice period, which should not be less than one month and not exceed three months.
• In the event the employee fails to work during the notice period, they must provide monetary compensation to the employer called “notice allowance,” which must be equal to the employee’s wage for the entire notice period or the remaining part thereof, even if the lack of notice did not cause harm to the employer.

Termination of the Employment Contract in the UAE Without Notice by the Employer

As explained earlier, the termination of an unlimited-term employment contract in the UAE primarily relies on one party notifying the other. However, the law has specified certain cases in which the employee may be dismissed and the contract terminated without prior notice. These cases are exhaustively listed in Article (44) of the Labour Law and include the following:

• The employee submitting forged certificates.
• Impersonating another person.
• Intentionally damaging the employer’s property.
• The employee violating public safety instructions.
• Failure to adhere to their duties and obligations specified in the contract.
• Divulging secrets related to the establishment’s work in a way that harms the employer.
• The employee being under the influence of an alcoholic beverage or narcotic during work.
• Assaulting the employer.
• The employee being absent from work without a legitimate excuse for more than twenty intermittent days in a year, or for seven consecutive days.
• The employee illegally exploiting their job position.

Termination of the Employment Contract in the UAE Without Notice by the Employee

The employee can leave the job and terminate the unlimited-term employment contract in the UAE without notice to the employer if one of the following cases, approved by Article 45 of the Labour Law, is realized:

• The employer breaching their obligations under the contract, provided the employee submits a report to the Ministry 14 days before the date of leaving work and the employer fails to adhere to their duties despite being notified by the Ministry.
• The employer or their representative assaulting the employee, or the employee being subjected to violence or harassment.
• The workplace containing a defect that poses a risk to the employee’s safety or health, provided the employer is aware of it and fails to take the necessary measures.
• The employer assigning the employee tasks that violate the duties specified in the contract.

We have explained everything related to the termination of the employment contract in the UAE for you. If you need legal consultation regarding the termination of the employment contract in the UAE, you should contact Samaha Law Firm in the UAE, as Samaha Law Firm is specialized in the termination of the employment contract in the UAE… Samaha Law Firm is always your best choice. Contact Us.