Employer's refusal to pay end of service benefits

Dear Madam,

Good morning. I very much understand your situation. Under the UAE Law, end of service gratuity is immediately payable on termination of employment unless the employee has been terminated under article 120 of the labour law for gross misconduct.

If you have not been terminated for gross misconduct or reasons related to your work, you are entitled to your end of term benefit. If your ex-employer is refusing to pay you, you can raise a complaint to the Labour Office and then to a Labour Court.

The benefit is calculated according to the final remuneration payable at the time of termination, excluding all allowances and benefits in kind. Furthermore, the benefit is conditional on the employee accruing 12 months’ continuous service. It is then calculated according to the following formula:

• 21 days remuneration for each complete year of service for the first five years;

• 30 days remuneration for each complete year of service for each complete year of service over five years.

I hope I have been able to answer your queries.

Should you require further clarification, you can contact me on 0559230221 / aws@awsuwaidi-advocates.com or you can contact my office on 045547635 / info@awsuwaidi-advocates.com

Best Regards,

Aws M. Younis

Hello,

Before I can give you some legal advice, may I ask you to provide me with a little more specifics, such as the reason for your termination, how long did you work for your former employer? In what position?, did you sign anything confirming that you received all outstanding payments from your employer? Got your visa cancelled yet? Do you have a new job?

Did you speak to the Ministry of Labour yet?

Thanks and regards