Employee overstayed leave, terminated without compensation. Is it fair?

Dear Inquirer,

We are pleased to serve you and address your inquiries.

According to UAE law, your colleague is not entitled to an end-of-service bonus if the company deems him absent from work for more than seven consecutive days after the vacation and terminates his employment for this cause.

He is also not entitled to compensation; however, if he has any outstanding salary with the company, he can request it.

If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Law Firm

Legal Counsel and Consultations

Dear Questioner,

Yes, he has the right to get a gratuity amount as per the UAE law. We can file for getting his end benefits.

Please contact our senior legal consultant Mr. Muhammad Abdullah for further clarifications.

Dear questioner,

Your friend has the right to receive the gratuity for his service, please ask him to file a complaint.

Hi,

Since the termination was due to overstaying his/her leave, the company may have the right to terminate their employment without providing any compensation.

However, it is important to note that the termination must be in accordance with the terms of the employment contract and the company's policies.

If your colleague believes that their termination was unfair or not in accordance with the law, they can file a complaint with the Ministry of Human Resources and Emiratization (MOHRE).

Dear Questioner,

Thanks for your enquiry!

Regarding the above, we would like to inform you that, according to UAE labor law, an employee who has completed at least one year of continuous service is entitled to end-of-service gratuity upon termination of employment.

This gratuity is calculated based on the employee's basic salary and length of service. Therefore, if your colleague has worked for 1½ years, they should be entitled to receive end-of-service gratuity from their employer.

In addition, if the termination was due to overstaying their leave, the employer may also deduct any expenses incurred as a result of the employee's overstay, such as visa and travel costs.

It is important for your colleague to review their employment contract and consult with us to ensure that their rights are protected and they receive any entitled compensation.

We may also file a complaint with the Ministry of Human Resources and Emiratization if they believe their rights have been violated.

Kindly feel free to contact us.

Greetings,