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Getting unpaid vacation days when being terminated for cause

Hello,

I would like to ask about pending vacation days under UAE labour law.

If an employee is terminated for cause and they are not entitled to gratuity, does this mean that they are not entitled to get paid for their pending vacation days either?

Thanks in advance for your assistance.

Mohamed Noureldin

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] ......................

Mohamed Noureldin

Legal Consultant (Licensed in Dubai)

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