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Claiming labour entitlements and notice period upon termination

Hi Sir,

I was terminated on July 6, 2020, and the effective date is July 7, 2020, without prior rendering of the 1-month notice period and I have 1-month notice period as per my unlimited employment contract.

The reason is COVID-19 Pandemic and redundancy. I even requested my employer personally that If he will possibly still grant me to render the 1-month notice as per my contract, but my request has been denied.

By July 10, I fully accepted and acknowledged my Notice of Termination by replying to the mail and requesting to send me my settlement, and until then, I will sign all the documents needed from my side.

Am I still entitled to the 1-month notice salary even with or without rendering the said notice period because I was terminated?

Or In-exchange they will give me 45 days extension of my visa but they will not give me the 1-month notice salary?

Hope to hear from you soon.

Thank you.

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Mahmood Bin Jaber Advocates and Legal Consultants
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12 Jul 2020, 14:10

Dear Sir,

You are entitled to claim gratuity from the employer.

As per Article 132 of UAE Labour Law, "The worker having spent one year or more in continuous service shall be entitled to an end of service gratuity upon the termination of his service.

The days of absence from work without pay shall not be included in the calculation of the period of service, and the gratuity shall be calculated as follows:

1 - The wage of twenty-one days for each of the first five years of service.

2 - The wage of thirty days for every additional year.

Always provided that the total gratuity does not exceed the wage of two years."

You must register a complaint with MOHRE immediately against your employer and claim your entitlements.

Please feel free to contact us on phone or email for further clarification and assistance in this regard.

Thanks

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