Questions & Answers
Application of Resolution 279 of 2020 on an employee serving the notice period
Hello,
I have been working in a local group in Dubai for the last 13 years under an unlimited contract. Recently, they have terminated my position, I am now serving 3 months notice period as per labor contract (2 months already served, I am now in the 3rd and last month).
My employer has put me on a forced paid leave to adjust my notice period against leave days balance. I need some clarification of the below:
1. The employer is paying me a full salary for the notice period of 3 months. However, based on the recent announcement from the Ministry of Labor (for Private Co. employees), can my employer reduce my salary temporarily/permanently for this last month of notice period?
2. If the answer to question 1 is YES, how will it impact the calculation of my end of service benefits like gratuity or leave balance encashment? will it be recalculated based on the revised (reduced) salary?
3. Am I eligible to claim any other termination/redundancy pay apart from gratuity and leave balance encashment?
Many Thanks!
Well, the new resolution is for existing employees and therefore, you may file a dispute.
Under Resolution 279 of 2020 - Establishment who have LARGE NUMBER OF EMPLOYEES transfer employees to another establishment and can reduce salary temporarily/permanently PROVIDED:
1) They seek approval of the Ministry.
2) It is done with your consent.
This will affect the gratuity.
Since you resigned, you should be entitled to end of service benefits like last salary, notice period, one-way ticket, leave not availed.
Since you are in your last month, they can force you to take paid or unpaid leave (if there is no paid leave left), but they have to pay you either way for paid leave.
