Questions & Answers
Questions & Answers
5 available 5 • View allLeave pay calculation under the UAE employment contract
95
Q: Dear Madam.
My JAFZA Employment Contract is an unlimited free zone contract.
My services have been arbitrarily terminated on 09 Dec. 2018, and after having served the 90 days paid notice period, my tenure ended on 08 March 2019.
I am now in the process of finalizing my end of service benefits, and there is a clarification required in regards to the basis of computation of the benefits. Queries are as under.
Leave pay due to termination:
I have 25 days unutilized leave which I intend to encash. What is the basis of computing the value of this leave pay?
Would it be on the basis of:
a.) gross monthly salary (which includes the latest basic salary + housing allowance + transport allowances)
b.) or on the basis of latest basic salary + housing allowance
c.) or on the basis of just the latest basic salary?
Could you please clarify and provide me with the correct latest updated UAE Labor Law article ref. # 79 for the correct interpretation of the basis of calculation for the above leave pay.

May 20, 2019
99460
Calculation basis for accumulated annual leaves upon resignation
14
Q: An employee has not gone for his leave for 6 years on an unlimited contract and has resigned.
How is the leave salary calculated, on the basic salary, basic + accommodation or total salary?
And how many days salary can he claim for 60 days?
Thank you

Apr 30, 2019
29805
Calculation of unused leave salary upon termination
4
Q: An employee has worked for 1.5 years. He had taken only 30 days of annual leave in these years. He has been terminated. How to calculate his unused leave salary?

May 12, 2019
4431
Getting labor benefits based on the actual salary
1
Q: As per the company advice, I resigned from the service.
I was a senior accountant of the company from Jan 2018 onwards. I have not received any kind of benefit like a leave salary yet.
My labor contract shows 1200 Basic salary + 300 (Allowance), but I have proof of actual salary receipt to my account.
Please help me with a solution if they will not give any benefits (gratuity, leave salary "03 yr 05 months", airfare).

May 18, 2021
404
إمكانية المطالبة بالمستحقات العمالية بناءً على الراتب الفعلي وليس المكتوب في العقد

1
س: السلام عليكم،
أعمل في شركة في العين مند ثلاث سنوات ونصف "منها سنة وعشرة أشهر إقامة تابعة للشركة" وما تبقى كنت أعمل بالإعارة من شركة أخرى. راتبي في عقد العمل 500 درهم ولكن راتبي الفعلي 2500 درهم.
هل يحق لي المطالبة قانونًا على حسب الراتب الفعلي؟
وهل فترة العمل بالإعارة تدخل ضمن أيام المستحقات؟
علمًا بأنني أستلم راتبي بشكل مباشر بإيصال قبض من الشركة، وراتب العقد (500) أستلمه بنكيًا أو عبر فروع الأنصاري.


Jul 17, 2023
223
Legal blog
2 available 2 • View allProvisions of Limited and Unlimited Labour Contracts in the UAE Labour Law 147
When an employee or employer mentions legal issues related to their labour relationship, the first question to be raised is: do you have a limited or unlimited labour contract? We try here to shed light on the relevant provisions of the limited and unlimited contracts in the UAE labour law pertaining to resignation, termination of employment, notice period and calculation of the end of service benefits.
Jan 5, 2019
83030
An Overview of the New UAE Labor Law and Recent Amendments of 2024 233
The UAE has adopted a major reform in its legislative system that brought about 40 new laws and amendments to the company law, criminal law, personal status, among others. The amendments aim to develop the legislative structure in various sectors, the labor law being one of these, was the most recent. We try in this article to shed light on the changes introduced with the new labor law and their significance on both, the employer and employee.
Sep 10, 2024
90584
Laws & Regulations
3 available 3 • View allFederal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.
Apr 20, 1980
103614
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations 8
This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.
Sep 27, 2015
12406
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).
Sep 20, 2021
26446

Other answers by
522 522 answers •
View allThe maximum notice period employers can put in the contract as per the new labor law 0
Our internal contract has a notice period of 3 months from both parties. In the new labor implementation, only one month's notice is required for less than 5 years of service.
Please advise if we can follow our internal contract since the position is very curtailed and the organization will not be able to replace the position within one month.
Sep 8, 2022
347
Annual leave salary calculation as per the new labor law 0
Dear sir/madam,
Annual leave salary calculation as per the new labor law.
Can you please clarify the correct annual leave salary rules?
Some say it is basic + HRA for the month you will take off, others say it is full salary, and somewhere I read it is basic + HRA (annual leave salary) plus the normal salary you get.
Can you please clarify?
Thanks for your valuable time and kind assistance!
Sep 7, 2022
2651
I want to dismiss an employee under article 120. Do I need to pay him the EOSB? 0
I want to dismiss an employee under article 120/44 of MOHRE labor law. I want to know if we need to pay him his complete end-of-service benefits.
Jul 26, 2022
371
What happens WPS system if my employer deposited less than my salary? 0
Dear Madam,
My salary is 5000 in WPS, but in June, my company deposited 1000 by mistake.
Is there any chance to rectify or deposit the 5000 dirhams again?
Jul 13, 2022
364
How to appeal the labor judgment if the court did not approve all my dues? 0
My employer has not paid my salary for 8.5 months. I went to the labor court, and was referred to Dubai Courts.
The judgment came and I did not receive the full claim including salaries and 3 months' compensation.
Please advise whether I can go for an appeal and what will be the time for execution.
Need your valuable advice.
Jul 9, 2022
400
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