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Receiving gratuity upon resignation while being outside

Do I still have the right to receive my gratuity if I have resigned by email in the first week of Feb 2020?

I was unable to serve notice period and I am no longer in the UAE?

My contract will end the first week of April 2020 and the company is refusing to give my overtime pay and end of service benefits.

As per the boss, I need to be present in the UAE. I need your advice regarding my situation and it’ll surely be of great help.

Thanks so much!

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Mohamed Bakheet

Mohamed Bakheet Advocates & Legal Consultants

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18 Feb 2020, 12:32

What is your contract type?

18 Feb 2020, 13:58

Limited-Term Employment Contract.

19 Feb 2020, 07:31

In contracts of limited duration, if the employee submits his resignation, he will be obliged to pay compensation to the employer, which is estimated with a month and a half salary or the rest of his contract period, whichever is shorter.

This is first. Secondly, the notice period (one and a half months or the rest of the contract, whichever is shorter) must be worked out during this period, or it will be deducted from its labor dues.

Third, if a worker resigns with respect to fixed-term contracts, he is not entitled to remuneration except after a five-year period of work.

19 Feb 2020, 13:30

Sorry, I forgot to mention that I’ve finished almost 4yrs with the company. The one I held was a renewed contract (2nd visa already with the company).

Also, what do you mean by “fixed-term contract”?

If I’m entitled to receive the gratuity and I’m out of UAE, how can I get it?

Thank you, Sir.

22 Feb 2020, 06:47

“Fixed-term contract” is a limited contract.

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