Questions & Answers
Questions & Answers
9 available 9 • View allCalculation of unused annual leave upon termination
7
Q: The employee was being terminated due to the non-availability of projects (Project-based) but under unlimited contract.
He has 32 days as an unused leave. Article 5 of the Labour Law mentioned that accrued annual leave shall be paid on the basic wage, while Article 79 mentioned that it shall be paid on the wage basis.
Please give clarification on this to avoid disputes. Shall we pay him basic only or plus allowance?
Thank you for answering!

Jun 25, 2019
11551
Calculation of the annual leave salary upon termination
32
Q: Please help me with the below scenario.
I had worked with a company for three years. I was terminated on the basis of redundancy on 15th Jan 2019. They gave me one month notice period which ended on 15th Feb 2019.
I completed the notice period and now joined another company. At the end of my notice period, I have 34 leave days as balance. In my final settlement, the company is paying me these 34 days on the basis of BASIC salary only.
My argument to them is that I should be paid as per article 79 of the UAE labour law which states that my leave days shall be paid on the basis of wage.
I want your help to understand if I am eligible to receive a full salary (basic + allowances) for my 34 leave days or it is only BASIC SALARY for 34 days.

Mar 11, 2019
35839
The right way to calculate the annual leave
2
Q: Good evening Mr. Shoaib,
I have a question regarding the annual leave calculation.
If you have, for example, worked for 2 years at a company in the UAE, are you entitled to 30 days for each year of service?
Or is the first year calculated at 2 days per month (24 days) and the second year calculated at 30 days per year?
This is a point of discussion where I am working right now.

Sep 15, 2020
1381
Is leave salary calculation based on basic salary or full salary?
10
Q: Is leave salary calculation based on basic salary or full salary at the time of resignation or termination?

Jul 27, 2021
9711
Does the salary increase apply to pending leave salary from previous year?
2
Q: Dear Sir,
I have a question about leave salary.
I have completed 2 successful years in a company in Abu Dhabi, my salary was 5000 (Including Basic & Housing Allowance) in the first year and I got 1000 as an increment in the second year.
So when I completed my 2nd year my salary is 6000. Now I need to request my two months' Leave Salary.
Kindly advise me how much I am able to receive, 11000 or 12000.

Oct 12, 2021
413
How to calculate the annual leave when there is an off-day in between?
3
Q: One of the employees is going on annual leave from 13th November (Saturday) to 26th November (Friday). He will re-join on 27th, Nov 2021.
Friday is a weekly off-day for that employee. So how many days will get calculated for the annual leave?

Oct 29, 2021
1762
Can the employee take annual leave before finishing one year in service?
0
Q: Hi,
I am an employee working here in Dubai, UAE for 10 months now.
I'm planning to file a leave for 2 days, however, my colleague informed me that as per the company policy, they consider it as absent then I will get a full basic + accommodation only.
So I am confused now because this was not the practice in the previous company. Appreciate it if I could get free advice on this matter.

Dec 8, 2021
1541
If a person resigns, how is the untaken leave being calculated?
0
Q: Hello,
Can you please help me with an answer to this?
If a person resigns, how is the untaken leave being calculated?
Is the remaining balance based on the same daily rate as the basic salary or should it be based on working days?
Thank you.

Jun 24, 2022
260
طريقة حساب أجر الإجازة السنوية
1
س: السلام عليكم ورحمة الله،
نما لعلمي أنه تم تعديل قانون العمل الإماراتي. لدي سؤالان:
1. في حال أكملت سنة مع الشركة التي أعمل بها، هل يتم احتساب أجر الإجازة السنوية وفق الراتب الأساسي فقط أم من الأجر الكامل؟
2. في حال تغيير قانون العمل وتغيير بعض البنود، هل هذه البنود تُطبق فورًا وتتغير البنود القديمة أم يبقى الحال كما هو عليه لحين الحصول على عقد عمل جديد أو تجديد عقد العمل؟

Jan 15, 2023
150
Legal blog
3 available 3 • View allRecent Amendments to the UAE Labour Regulations 24
Three new ministerial decrees containing a new set of rules for the labour market were issued by the UAE Ministry of Labour last year and came into force on the 1st of January this year. The decrees are expected to alter the contractual relationship between employers and workers in the UAE.
Apr 19, 2016
30986
Termination Without a Valid Reason - What Can You Do? 12
An interview-format article covering the topic of employment termination without a valid reason in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. Ludmila discusses the aspects of termination, like notice periods, end of service benefits, arbitrary dismissal, unpaid salaries etc.
Jan 15, 2020
5467
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
90170
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
103581
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
12388
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
26339

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
339
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
2646
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
358
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
353
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
387
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer