أسئلة وأجوبة
Can the employer force me to take my unused leave days during my notice period?
I was terminated on 6 Dec, and placed on gardening leave from 13th Dec. I have 18 days of unused leave and my employer is telling me to take the leave during the gardening period.
He does not want to pay for unused leave. Has offered 9 days. What are my rights?
If I file a case with MOHRE, what happens after 6 Feb, potentially my last day of the gardening leave?
Can they cancel my visa if we are still in dispute?
Do they have to continue to pay me?
Under UAE law, if you have unused leave upon termination, you are entitled to compensation for the unused days if they are not taken.
You can negotiate with your employer or file a case with the Ministry of Human Resources and Emiratisation (MOHRE) if they refuse to pay for the unused leave.
Regarding the gardening leave period, your employer cannot cancel your visa or take any legal action against you if you have filed a legal case with MOHRE.
Additionally, the employer is required to continue paying your salary during the dispute period until a settlement or final court decision is reached.
For more details and precise legal advice, you can contact us via WhatsApp. We specialize in these matters and are happy to assist you.
Dear Questioner,
Thank you for reaching out with your concerns. I understand that you are currently on gardening leave and have some questions regarding your unused leave and potential visa cancellation. Below is my response based on UAE labor law:
1. Unused Leave During Gardening Leave:
Under UAE labor law, you are entitled to be compensated for any unused annual leave if you cannot take it during your notice period or gardening leave.
If your employer is only offering payment for 9 days out of the 18 unused days, this may not comply with the law.
You should be entitled to receive full compensation for the 18 unused days unless you have explicitly agreed to take them during the gardening leave period.
If your employer refuses to compensate you fully, this could be a breach of your employment rights.
2. Filing a Case with MOHRE:
If you file a case with MOHRE regarding the non-payment of unused leave, the process typically involves submitting your complaint to the Ministry.
MOHRE will then mediate or schedule hearings. Given that your gardening leave ends around February 6th, your case may not be concluded before this date.
However, the employer is required to continue paying you your salary until the case is resolved, including the unused leave payments.
3. Employer Cancelling Your Visa During Dispute:
Your employer cannot cancel your visa while a legal dispute, such as an ongoing MOHRE case, is in progress. The visa can only be canceled once the dispute is resolved or the legal proceedings are concluded.
If the case is still under review, they must refrain from canceling your visa until a resolution is reached.
4. Payment During the Dispute:
As long as the case is ongoing and there is no official termination, the employer is legally obliged to continue paying your salary, including any due compensation for unused leave, pending the resolution of the matter through MOHRE or the courts.
Next Steps:
I recommend submitting a formal complaint to MOHRE regarding your unused leave and non-payment.
Document all communications regarding the dispute to ensure that you have a record of your employer’s actions.
If you need additional assistance or have any further concerns, I am happy to help guide you through the next steps. Please feel free to reach out if you have any further questions or if you would like to discuss your case in more detail.
Best regards,
Mohammed Salah
Legal Consultant
