Questions & Answers
Questions & Answers
7 available 7 • View allLeave pay calculation under the UAE employment contract
95
Q: Dear Madam.
My JAFZA Employment Contract is an unlimited free zone contract.
My services have been arbitrarily terminated on 09 Dec. 2018, and after having served the 90 days paid notice period, my tenure ended on 08 March 2019.
I am now in the process of finalizing my end of service benefits, and there is a clarification required in regards to the basis of computation of the benefits. Queries are as under.
Leave pay due to termination:
I have 25 days unutilized leave which I intend to encash. What is the basis of computing the value of this leave pay?
Would it be on the basis of:
a.) gross monthly salary (which includes the latest basic salary + housing allowance + transport allowances)
b.) or on the basis of latest basic salary + housing allowance
c.) or on the basis of just the latest basic salary?
Could you please clarify and provide me with the correct latest updated UAE Labor Law article ref. # 79 for the correct interpretation of the basis of calculation for the above leave pay.

May 20, 2019
99439
Calculation basis for accumulated annual leaves upon resignation
14
Q: An employee has not gone for his leave for 6 years on an unlimited contract and has resigned.
How is the leave salary calculated, on the basic salary, basic + accommodation or total salary?
And how many days salary can he claim for 60 days?
Thank you

Apr 30, 2019
29794
Claiming accumulated annual leave days upon termination
3
Q: My employment was terminated with a proper 30-day notice by the company. I have worked 3 years 7 months and 10 days.
I took 8 days per year annual leave instead of 30. Now that I am leaving, I wish to be reimbursed the unused leave.
How many days unused leave can I claim according to the law?

Oct 5, 2017
5274
Cap on leave allowance and accrual policy in the UAE
3
Q: Can an employer put a cap on leave accrual in the UAE, as my company put a cap of 35 days maximum?
Is it legal? What is the normal cap in the UAE?

Jul 16, 2019
5966
Eligibility to accrued annual leave at the completion of a limited contract

3
Q: My limited labour contract will expire on 24th January. I don't want to renew my contract. My 2 month notice period also ends on 24th January.
I have one month of accrued annual leave still to take, but the company has not given me leave during my notice period according to the UAE law.
Let me know if this is acceptable or not. Can I get 1 month leave salary without taking the leave?
I have completed my 2-year service, so am I eligible for gratuity?


Dec 23, 2019
1986
مكافأة نهاية الخدمة عند الاستقالة بعد أكثر من سنة في عقد غير محدد المدة


0
س: السلام عليكم،
أنا قدمت استقالتي من الشركة واشتغلت معاهم سنة و9 أشهر، وعقدي غير محدد المدة.
أنا خليجي، تقول الشركة أنه لا يوجد لك مكافأة نهاية خدمة؛ فقط راتب آخر شهر.
هل هذا صحيح؟
مع العلم أني اشتغلت سنة و9 أشهر. مقر الشركه دبي.
أرجو التوضيح.
شكرًا!



Apr 12, 2020
1228
Will labor dues be calculated based on basic or full salary?

1
Q: Dear Sir/Madam,
Today, I received a notice of termination under Article 115-Redundancy. My contract in JAFZA began on October 10, 2020, and the end date is October 10, 2023.
I need your help to understand if the term "month" refers to 20 or 30 days and if payment will be based on basic salary or full salary.
Regarding my termination, they have mentioned the following payments:
- Salary until April 12, 2023.
- Salary in lieu of the notice period.
- Three months' salary as compensation for early termination.
- Leave encashment until April 12, 2023.
- End of service gratuity until April 12, 2023.
- One-way air ticket for repatriation to my home country, only if I exit the country.
As per their request, I signed the acceptance on the notice document and returned the company phone and laptop.
I would like to know if it is possible to file a complaint for any additional compensation as this termination has caused me financial distress, especially since I have to pay monthly installments to the banks for the next four years.


Apr 12, 2023
89
Legal blog
1 available 1 • View allAn Overview of the New UAE Labor Law and Recent Amendments of 2024 233
The UAE has adopted a major reform in its legislative system that brought about 40 new laws and amendments to the company law, criminal law, personal status, among others. The amendments aim to develop the legislative structure in various sectors, the labor law being one of these, was the most recent. We try in this article to shed light on the changes introduced with the new labor law and their significance on both, the employer and employee.
Sep 10, 2024
90280
Laws & Regulations
3 available 3 • View allFederal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.
Apr 20, 1980
103596
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations 8
This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.
Sep 27, 2015
12394
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).
Sep 20, 2021
26365

Other answers by
421 421 answers •
View allPayment recovery for delay in the delivery of purchased property 0
Hi,
I need to hire a property lawyer.
I have purchased a property that is still under construction. The handover was supposed to be May 2018 and it has been delayed for over 18 months.
Can you please advise what is the average fee to the lawyer and any upcoming fees?
I would like to either receive compensation for the delay or terminate the SPA and receive what I have paid.
Thanks
Nov 10, 2019
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Termination of services due to cost-cutting 0
My company terminated my services without any reason except for what they told me that they are cost-cutting.
What are the complete benefits that they have to pay to me beside the gratuity?
I worked there for 3 years.
Nov 10, 2019
954
Court fee for filing civil case of cheque bounce 0
What is the total fee for instituting a civil case for a bounced cheque of AED 4 million?
Nov 8, 2019
4851
Mutual Termination vs Resignation 0
Is it possible to request a mutual termination of the contract from the employer?
My employer recently asked me to submit a resignation. Since it's not legal for him to do this and since I don't mind leaving the company for better opportunities, is it legal for me to request a mutual termination of contract letter?
What are the important things that should be stated in the letter?
Nov 9, 2019
1682
Termination for non-performance and claim for arbitrary dismissal 0
Hi,
I am the GM of a company in the Internet City and the VP Sales MEAA.
My contract has been terminated after 13 years due to some results that did not meet the company expectations.
No process was followed prior to termination. I wish to know if I will have a claim for arbitrary dismissal.
Regards
A. D.
Nov 5, 2019
1077
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