Q: Hi, I need advice on an HR related matter: 1. I joined the company on 19th Nov. 2014. That time, the company’s Internal HR manual says the gratuity is applicable to all employees post completion of 1 year of service. 2. In January 2018, the company changed the HR Manual. The point regarding gratuity has been changed from 1-year applicability to 5 years. 3. The issue is that they applied the new HR policy retrospectively and not prospectively. They are applying the new gratuity provisions on all employees even if they joined before the implementation of the new HR Policy. 4. Query: a. Strictly on Legal terms, can any change in HR policy be applied retrospectively? b. Am I right in asking that the benefits to be applied should be based on older HR Policy (which is applicable at the time of my joining i.e., Nov 2014), rather than the New HR Policy which is implemented in Jan 2018? I would also like to have the written/official response from you on this on letterhead. Please advise on charges.

Q: Dear Sir, I work for a hospital in Dubai and I submitted my resignation on 21.04.2019 with a one month notice provided. After that, I contacted our HR department but they told me I have to pay 45 days salary and there is no gratuity for less than 5 years. I have already completed 2 years and 11 months, so I kindly request you to advise. Contract type: Unlimited. Visa type: Dependent visa.

Q: Hi, I need advice on HR related matter: I joined in Nov 2014. That time the HR manual applicable says that the gratuity is applicable post completion of 1 year of service. Since the same is more beneficial as compared to labour law, the same is applicable. Now, the company changed the HR manual in January 2018, wherein they mentioned that the gratuity is applicable only for employees completing 5 years. The issue is that they applied the new HR policy retrospectively and not prospectively. I need advice on whether the HR Policy can be applied retrospectively or not. Is it legally binding? Can they apply the new policy (with respect to gratuity) on employees who joined when the older HR manual is in force? Should the older gratuity rule be applicable to all the employees who joined before implementing the new HR Manual? If you need any additional info, would be happy to share. I would require written advice from your end. Please advise on the charges accordingly.

Issue: An employee resigned from the job after working for 5 years, and signs a letter addressed to the employer that he wants his gratuity to be paid only after his customer pays the employer. Therefore, has the employer defaulted for End of Service (EOS) payment under the UAE Labour Law?

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.

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.

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).