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The calculation of the EoSB in case of working for the same company in different countries

I was working in France for a company and got transferred to the UAE with the same company. As part of the transfer process, I resigned from my French position and signed a new local contract for the new position.

My employer issued a letter mentioning the resignation and the new position benefits as well as clearly mentioning that my employment with the company is continuous (ie. my start date with the company remains the same as my start date in France).

I have now resigned from my UAE position and am in the middle of my notice period.

I have discussed with my account department the details of the End of Service Gratuity and found that they do not consider the French start date but the UAE start date in their calculation.

The letter as well as multiple company internal procedures clearly state that when an internal transfer happens, the start date with the Group remains.

As I was forced to resign from my French contract, I have not taken any compensation for the years worked.

Please advise!

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Elnaggar & Partners
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12 Nov 2019, 11:10

Dear Questioner,

In regards to the end of service gratuity, in the UAE, it will be considered only the years you worked here.

In case you approach the labor office, to file a case against your employer, they will tell you the same; the starting date will be considered the starting date of your UAE employment contract.

If under the law of France you are entitled to compensation for the period you worked there, they should add that compensation to your rights.

If I can be of assistance, please do not hesitate to contact me via email.

Best Regards,

Raluca Gatina

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