أسئلة وأجوبة
Am I entitled to compensation if my employer asks me to submit resignation?
I have worked in a company for 3 and half years under a contract for an unlimited period. A month ago my employer asked me to sign on a resignation letter with immediate effect. He promised to give me a 3-month salary and other benefits.
After a month only gratuity and leave pay have been deposited to my bank account. As per the UAE labour law do I have the right to claim for 3-month salary?
Resignation (imposed by the employer or not) looks very nice on the CV and good for our ego. But in reality, it is a monetary loss for the employee as he will get a reduced gratuity and he cannot claim compensation for termination of the contract or arbitrary dismissal.
For 3 months compensation, you have to file a complaint before the Ministry to claim the same - the employer will not pay you automatically. BUT if you RESIGN you are NOT entitled to claim the same.
Your entitlements are as follows for 3.5 years of employment:
1) Only if you have worked there for over one year, you are entitled to severance pay on termination (Article 132). Since you resigned, instead of getting 21 days' Remuneration for each year of the first 5 years of service (Article 132) you will be entitled to two-thirds of the severance pay provided for in the preceding article (Article 137).
2) Leave - Employee is entitled to two days per month (as the employee worked more than six months and less than one year of service and 30 days if more than one year - Article 75).
3) Air ticket only if you are going back home and not going to join a new employer - Article 131.
4) Notice period (30 days) - Article 117.
