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Deducting housing allowance from end of service gratuity upon resignation

I have resigned from my current job and my last day is May 9th after a notice period of 2 months. I was employed for 4 years.

My employer has paid me a full year housing allowance and would like to deduct the remaining months from my end of service. Is this allowed? I have not been made aware that the amount would be deducted in case I resign.

Also, I am entitled to 30 days of leave per year. Since I have resigned, they have applied a pro-rata for this year for the end of service calculation. Is this allowed?

Shouldn't I be compensated for the 30 days that I have not taken?

Thank you!

Dr Amira Al Bastaki Advocates and Legal Consultants
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8 Apr 2020, 11:36

According to the Labor Law, the employer may deduct any debts owed to him in the service of the worker from the end of service gratuity, and since the employer paid you the rent without committing to the work contract, he may deduct the rest of the bonus and in relation to the annual leave allowance to obtain a leave allowance for a period of 30 Days calculated on your basic salary.

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Nour Attorneys & Legal Consultants
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8 Apr 2020, 21:33

Dear questioner,

It depends on the contract signed with the company and the internal regulations of the company.

If we are able to define it as an allowance or as a reward to employees, each will have a different response.

For the 30 days leave per year, it has to be pro-rated to the service period.

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* Legal Disclaimer: This is legal guidance, this is not legal advice or consultation which requires facts, documents, and details examination.

Taken Care & Answered by,

Mohamed Noureldin

Legal Consultant (Licensed in Dubai)

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Elnaggar & Partners
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9 Apr 2020, 06:14

Dear questioner,

This may depend on the employment contract you have with your employer. However, according to UAE Labour Law, the employer is entitled to deduct any debts owed to the company (i.e. your housing allowance from your last day of work until the end of the year), and your 30 days of annual leave will be pro-rata from 01 January until your last days of work.

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