أسئلة وأجوبة
Do I need to receive my EOSB if I transfer my visa from a son to father company?
Dear Lawyers,
Do I need to receive my EOSB if I transfer my visa from a son company to a father company?
Dear Questioner,
Points to consider:
- Comply with laws and regulations: Ensure that any actions you take are in compliance with the UAE Labor Law and any relevant laws.
- Retain documents: Make sure to keep copies of all documents, including employment contracts, ESOP agreements, and any correspondence with the company on this subject.
By following these guidelines, you can work to protect your rights in the employee stock ownership plan during the visa transfer process between the son and father companies.
Dear Questioner,
Generally, you do not need to claim your End-of-Service Benefits (EOSB) if you're transferring your visa within the same group of companies.
This is because your service tenure and benefits, including gratuity, typically continue to accrue.
You may review your employment contract to understand any specific clauses related to visa transfers and EOSB.
If the same continues with the father company, then you can check with HR to make arrangements.
If you need further clarification, you may ask us.
Greetings,
Yes, of course, you must receive an end-of-service allowance because in the new company, you will start with a new contract and you will not be able to receive an end-of-service allowance after that.
We are honored to provide you with legal support.
For further inquiries about your topic, you can come to our office or contact us via phone, WhatsApp, or email.
Dear Questioner,
If you’re transferring your visa from a son company to a father company (where both companies are under similar ownership or management), you may not be entitled to receive your end-of-service benefits (EOSB) as a full payout, depending on how the transfer is structured and agreed upon.
Typically, in the UAE, EOSB is due only upon full termination of employment. However, in intra-group transfers, EOSB is sometimes deferred rather than paid out if you maintain continuous employment within the group of companies.
If your employment is considered continuous with no formal termination, the EOSB may be accrued without a payout, with the existing tenure being carried over to the new company.
Hello,
The company should provide an official declaration stating that all your rights and obligations, including accrued end-of-service benefits, will continue uninterrupted after your transfer.
This declaration should explicitly confirm that your years of service will be recognized cumulatively across both entities, ensuring a seamless transition of your employment benefits and entitlements.
Dear Questioner,
Thank you for getting in touch!
If you transfer your visa within the UAE from one company owned by a family member (such as a son) to another company owned by another family member (such as a father), the need to receive your End of Service Benefits (EOSB) depends on the specific employment contract terms and the nature of the transfer.
Here’s how it generally works:
- Standard EOSB Calculation and Payment:
According to UAE labor law, employees are entitled to receive EOSB if they complete their service period with an employer.
In a transfer between two entities, even within the same family ownership, each entity is typically treated as a separate employer.
This means you would generally be entitled to receive EOSB for the service period completed with the son’s company, even if moving to the father’s company.
- Continuity Clause in Employment Contract:
If both companies are willing, they might structure the transfer to preserve continuity. In such cases, your total service period could be carried forward. For this to happen, both companies need to formally agree to this arrangement and document it in writing.
- Labor Contract and Visa Amendment:
You will likely need to amend your visa and labor contract as part of the transfer. Some companies opt to calculate and settle EOSB at this point to clear any financial obligations, while others might defer payment based on mutual agreement.
- Documentation:
Ensure that all agreements regarding EOSB—whether to pay immediately or carry forward—are documented to avoid future disputes.
In short, EOSB is usually payable unless both parties agree otherwise and record it in writing.
To better understand your needs and provide you with tailored advice, could you kindly share your contact details?
If you'd like, we can also schedule a phone call or a meeting to discuss your matter in more detail at a time that works best for you.
Please let me know your availability, and I’ll be happy to arrange a convenient appointment.
Looking forward to assisting you!
Best Regards,
Hi,
Good morning!
No, you typically do not need to get your End of Service Benefits (EOSB) if you are transferring your visa from a son company to a father company.
This is because it's considered a transfer within the same group of companies, and your employment continuity is generally maintained.
For further assistance, kindly share your contact details.
Maideid Al Mansoory Advocates and Legal Consultant
Dear Questioner,
Thank you for reaching out with your question about your End of Service Benefits (EOSB) in relation to your visa transfer from your son's company to your father's company.
When transferring your visa, your EOSB is generally calculated based on your tenure with the previous employer.
However, it's important to clarify the specific terms of your employment contract and the policies of both companies, as these can affect your entitlement.
I recommend discussing this matter directly with your current employer to understand the process and ensure that you receive any benefits you may be entitled to.
If you need assistance navigating this process or if you have any further questions, please feel free to reach out to me. I would be happy to help you with this matter and ensure your rights are protected.
You can contact me via WhatsApp, phone, or email to discuss further.
Best Regards,
Suhail Rana
