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Can I claim my six years' gratuity if I took a vacation after my 4-year contract?

Dear Lawyers,

Have a good day!

Do I have the right to claim my six years' gratuity even if I go on vacation after completing my 4-year contract?

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
7 Oct 2024, 04:31

Dear Questioner,

You are entitled to your gratuity for the entire duration of your employment, including after completing your initial four-year contract, provided you continue working for the same employer.

In the UAE, the gratuity (end-of-service benefits) is calculated based on the total period of service, regardless of whether you took a vacation after your first four years or renewed your contract.

If you completed four years and took a vacation but returned to work for a total of six years, your gratuity will be based on the entire six years of service.

For further clarification, kindly share your WhatsApp number.

7 Oct 2024, 05:21

I completed my 6 years, but my sponsor said I'm not entitled to the end-of-service benefits for my 6 years of service because I took a vacation after 4 years and then returned to complete my 6 years.

7 Oct 2024, 05:26

Your sponsor's claim that you are not entitled to end-of-service benefits because you took a vacation after 4 years is incorrect according to UAE labor law.

The end-of-service gratuity is based on continuous employment, and a vacation does not interrupt your service period as long as you returned to the same job and employer without terminating the contract.

معيضد المنصوري للمحاماه والاستشارات القانونيه
دردشة
توظيف
اجتماع
7 Oct 2024, 05:05

Hi,

Good Morning!

According to UAE labor law, an employee is entitled to receive their end-of-service gratuity after completing one year of continuous service with the same employer.

This gratuity is calculated based on the employee's last basic salary and the number of years of service.

In your case, since you have completed four years of your contract, you are entitled to receive your end-of-service gratuity.

However, if you go on vacation after completing four years, your gratuity will be calculated based on your last basic salary and four years of service.

It is important to note that if you have a limited contract, you may be required to complete the full duration of your contract before being entitled to your gratuity.

In this case, you may not be able to receive your gratuity if you go on vacation before completing the full contract period.

It is recommended that you check your employment contract and consult with your employer or our legal advisor for specific details regarding your gratuity entitlement.

For further assistance, kindly share your contact details.

7 Oct 2024, 05:05

Maideid Al Mansoory Advocates and Legal Consultants

7 Oct 2024, 05:48

I completed my six years; after I went on vacation for 4 years, I came back and completed my six years.

7 Oct 2024, 05:53

I need to review your employment contract.

For further assistance, kindly share your contact details.

Thank you!

7 Oct 2024, 06:03

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