Questions & Answers
Calculation of the EOSB and notice period in case of termination
Hello,
I was working in a software company in Dubai Internet City (Free Zone), as a Sales Executive. My salary was composed of:
1. Basic Salary
2. Allowances
3. Commission (non-fixed)
I would like to understand what the right calculation is as per the UAE Labour Law for the notice period, arbitrary dismissal, gratuity and commission if it is counted.
Thank you
Dear Client,
Thanks for your question.
1) The notice period shall be for 1 month by either party in case of an unlimited contract
The employer shall pay a basic salary of 90 days to the employee, in case of early termination of contract and in case the employee terminates the contract early, he/she has to pay 45 days salary to the employer.
2) For arbitrary dismissal, the employee has the right to claim 3 months salary but has to be decided by the judicial body.
3) For gratuity, if the service period is less than 5 years, then the employer has to pay a basic salary of 21 days each year. For more than 5 years of service, it should be 30 days salary.
4) The commission can be claimed only in case you have a written agreement with the company for the structure of the commission.
Thanks