Questions & Answers
Reducing the gratuity of an employee upon resignation due to late attendance
Greetings,
We hope you are well!
As we are processing the end of service gratuity for an employee (who resigned earlier), the daily attendance report during his employment (which all is available in official records) is showing that despite continuous official written notices (which are signed by him), he failed to follow the morning official starting working hours with continuous late attendance causing financial damage as work was delayed due to that.
We would like to know the rule which should be applied in order to deduct the late attendance hours during his employment out of his end of service gratuity (as per the biometric attendance report) due to the financial damage caused to the company.
Below are his employment details:
- Contract type: unlimited
- Start date: 13 July 2014
- Last day of service: 10 May 2021
- Notice period completed: 60 days approximately
- Reason for leaving the job: resignation from his position
- Basic salary: 4000 AED
Hi questioner,
Regarding your inquiry, an employee must complete 48 hours of work per week; if he did not complete those hours, only then the employer can deduct his salary.
If he did work more than 48 hours per week, then the employee can claim overtime from the company.
The employer can not deduct anything from his gratuity but only from his salary, the deduction can be done.
Kind Regards,
Eman Al Ali Advocates
