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الحصول على إجازة غير مدفوعة الأجر عند إنهاء الخدمة لسبب ما

مرحبًا،

أريد أن أسأل عن أيام الإجازة غير المستخدمة بموجب قانون العمل الإماراتي.

إذا تم إنهاء خدمة موظف لسبب ما وكان غير مؤهلاً للحصول على مكافأة نهاية الخدمة، هل هذا يعني أنه لا يحق له الحصول على أجر مقابل أيام إجازته التي لم يستخدمها أيضًا؟

شكرًا مقدمًا على مساعدتك.

Nour Attorneys & Legal Consultants
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13 Apr 2020, 20:17

Dear questioner,

An employee is not entitled to end of service or unpaid leave only under some cases stated under article 120.

Article 120:

The employer may dismiss the employee without notice in the following cases:

a- If the Employee adopts a false identity or nationality or submits forged certificates or documents;

b- If the Employee is engaged on probation and is dismissed during the probationary or on its expiry;

c- If the Employee makes a mistake resulting in substantial material loss for the Employer, on condition that the latter notifies the Labour Department of the incident within 48 hours of his becoming aware of its occurrence;

d- If the Employee disobeys instructions respecting industrial safety or the safety of the workplace, on condition that such instructions are in writing and have been posted up at a conspicuous place and, in the case of an illiterate Employee, that he has been acquainted with them orally;

e- If the Employee does not perform his basic duties under the contract of employment and persists in violating them despite the fact that he has been the subject of a written investigation for this reason and that he has been warned that he will be dismissed if such behaviour continues;

.................. other cases [article is too long] ......................

Contact us via phone or email to provide you with legal advice or legal services.

Mohamed Noureldin

Legal Consultant (Licensed in Dubai)

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Elnaggar & Partners
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14 Apr 2020, 11:51

What is the cause of the termination?

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Elnaggar & Partners
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15 Apr 2020, 13:37

Dear questioner,

1. If in the termination letter is mentioned only the word "gratuity", this doesn't include the unpaid leave.

2. Have you signed and acknowledged the termination letter? Why they don't want to pay your gratuity? this is mandatory based on the Labour law.

You can approach me directly via email.

Best Regards,

Raluca Gatina

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