Questions & Answers

Ask a lawyer
All cities, UAE

Calculation of gratuity when the current salary is not the same as the salary in the contract

My employer put my salary in the agreement as 800 AED since 2012 and still the same. But, my present salary is 2000 AED.

Q1: How they will pay my gratuity if I cancel my visa from the company? According to my agreement salary or my present salary?

Q2: If they hold my passport after canceling my visa, then what can I do?

Requesting your help in answering these 2 questions.

Premium
Elnaggar & Partners
Chat
Hire
Meet
30 Mar 2021, 14:07

Dear questioner,

Normally, the end of service is calculated as per the basic salary stipulated in your contract.

If the current salary is AED 2000, as basic, you should try to raise this matter with your employer. If the AED 2000 represents basic plus allowances, then it is not possible to calculate your end of service based on the AED 2000.

The employer can not hold your passport for longer than is required to cancel your visa. Once the visa is canceled, the employer must return your passport immediately.

Should you require assistance, please do not hesitate to contact me via email.

Fixed-fee services
2 2 available services •  View all
Get quotes from lawyers
Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer