Our Services
Employment and Immigration Law
Employment Lawyers in Dubai for Workplace and Immigration Matters
AY Advocates advises employers, senior executives and employees on employment and employment-linked immigration matters across the UAE. Our employment lawyers in Dubai assist with employment contracts, workplace policies, pay and benefits, termination, restrictive covenants, investigations, labour disputes, work permits and residence matters.
The law and procedure that apply can depend on where the employer is established. Mainland private-sector employment is generally governed by the UAE Labour Law. DIFC and ADGM operate under their own employment regimes, while other free zones may have their own administrative rules and procedures alongside the federal framework. An employment lawyer in the UAE should therefore identify the correct regime before advising on rights, obligations or dispute procedures.
We advise employers on hiring, workplace policies, disciplinary matters, workforce changes and employee exits. We also act for employees and executives on unpaid salary, end-of-service entitlements, commission and bonus disputes, termination, non-compete clauses and settlement terms. As an employment law firm, we review the employment contract, workplace records and applicable rules together before advising on the available options.
For matters governed by the federal private-sector regime, labour disputes generally begin through the Ministry of Human Resources and Emiratisation. MOHRE can issue final decisions in certain individual disputes, while other unresolved matters may proceed to the competent court. Labour complaints should be raised promptly because procedural deadlines apply, including a 30-day period for submitting an individual complaint to MOHRE following a breach of employment obligations.
Employment and immigration procedures are connected, but they are not the same process. Work permit cancellation, changes of employer and residence status may involve MOHRE, the relevant free-zone authority, ICP or GDRFA Dubai depending on the case. An immigration lawyer in Dubai can assess these issues alongside the employment position where resignation, termination or a dispute affects a person's work or residence status.
We also advise employers on Emiratisation requirements where applicable. Obligations can depend on factors including workforce size, business activity and employee classification, so the requirements and any applicable consequences of non-compliance should be checked against the particular establishment.
What We Do
- Contracts and policies: Drafting and reviewing employment contracts, offer letters, handbooks and workplace policies under the applicable employment regime, including probation, working time, leave, remote work, part-time work and flexible working arrangements.
- Termination and settlement: Handling employee exits, notice requirements, termination grounds, procedure, settlement terms and releases, together with claims arising from termination.
- End-of-service and wage claims: Reviewing gratuity calculations, unpaid wages, commission and bonus entitlements, final settlements and compensation claims where the statutory requirements are met.
- MOHRE and labour court proceedings: Handling individual labour complaints before MOHRE, challenges to MOHRE decisions where available, referral to the competent courts where applicable, and representation through proceedings and enforcement.
- DIFC and ADGM employment: Managing employment matters under the separate DIFC and ADGM regimes, including contractual rights, termination, post-termination payments and consequences arising from late payment.
- Restrictive covenants: Drafting and reviewing non-competition, non-solicitation and confidentiality provisions, and handling disputes over the enforcement or resistance of restrictions after employment ends.
- Workplace investigations: Conducting and supporting grievances, harassment allegations, misconduct investigations and disciplinary procedures, including preparation and review of relevant documentation.
- Restructuring and workforce changes: Supporting workforce reductions, business transfers and proposed changes to employment terms, including contractual, notice and regulatory considerations.
- Immigration and Emiratisation: Handling employment-linked work permits, residence and sponsorship matters, changes of employer, and compliance with applicable Emiratisation requirements.
Who We Act For
AY Advocates acts for employers ranging from individual businesses to regional groups, as well as senior executives and employees dealing with workplace disputes, termination or unpaid entitlements. We advise at different stages of the employment cycle, from recruitment and contract preparation to workplace disputes and employee exits, including situations where a change in employment may affect a work permit or residence status.
Frequently Asked Questions
How long do I have to bring an employment claim in the UAE?
For matters governed by the federal UAE Labour Law, an individual labour complaint should generally be submitted to MOHRE within 30 days of the relevant breach of employment obligations. Separately, claims concerning rights arising under the federal Labour Law will generally not be considered after two years from the termination of the employment relationship. Other procedural deadlines can apply once a dispute has been referred or decided, so action should be taken promptly. DIFC and ADGM matters are subject to their own procedures and time limits.
Is my non-compete clause enforceable in the UAE?
Yes, potentially. Under the federal Labour Law, a non-compete may be used where the employee's work gives access to the employer's clients or work secrets. The restriction must be limited in time, place and type of work to what is necessary to protect the employer's legitimate business interests, and it cannot exceed two years after the employment contract ends. A non-compete will not automatically be enforceable simply because it appears in the employment contract. Statutory exceptions can apply, and enforceability depends on the wording of the clause, the circumstances in which employment ended and the facts of the alleged breach.
How is end-of-service gratuity calculated?
For qualifying full-time foreign employees under the standard federal end-of-service system, gratuity is calculated using basic wage. An employee who has completed at least one year of continuous service is generally entitled to 21 days of basic wage for each year of the first five years of service and 30 days for each additional year, subject to the statutory conditions. Different rules can apply to employees participating in an approved alternative end-of-service benefits scheme. DIFC and ADGM also have separate rules and arrangements for end-of-service benefits, so the employee's employment regime should be identified before calculating the entitlement.
Can my employer cancel my work permit or residence while an employment dispute is ongoing?
Yes, potentially. An ongoing labour dispute does not automatically prevent all work permit or residence procedures from taking place. The available process depends on the status of the employment relationship, whether the dispute remains before MOHRE or has been referred to court, and the authority responsible for the relevant permit or residence record. Employment claims, work permits and residence status are separate legal and administrative matters. They should therefore be considered together when employment ends so that a change to one record does not create an unexpected immigration issue.
What should I look for when choosing the best employment lawyer for my matter?
Look for experience with the employment regime that applies to your case, whether that is the federal UAE Labour Law, DIFC or ADGM. The lawyer should also understand the procedural route that applies to the particular dispute, including MOHRE procedures where relevant.
Where work permits, residence status or a change of employer are also involved, it is useful to assess the employment and immigration issues together rather than treating them as completely separate matters.
Can an employee change employers while a labour dispute is ongoing?
Yes, in some circumstances. A pending employment dispute does not necessarily prevent an employee from obtaining permission to work for another employer, but the available route depends on the employee's circumstances, the status of the existing work permit and the stage of the dispute. Where a complaint has been referred to court, temporary work permit options may be available subject to MOHRE requirements and applicable restrictions. The existing permit, any absence-from-work complaint and the employee's residence status should be checked before accepting new employment.
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