Questions & Answers
Questions & Answers
4 available 4 • View allCalculation of the end of service benefits upon resignation
8
Q: Dear Sir,
I am working in a Hospital as a Registered Nurse from 11.05.2014.
My first two labour contracts were unlimited labour contract and after finishing the second contract term, the hospital management renewed the labour contract with a new limited labour contract.
I have resigned from the hospital now and I am in the 2 months notice period as per contract. I like to know about the calculation of my gratuity amount.
As per the hospital management, they calculate the gratuity as 14 days x 4 years (for the completed unlimited contract period).
Whereas I have completed total 5 years and 4 months period in total with the hospital (4 years with unlimited contract and 1 year and 2 months with limited contract).
Kindly confirm this gratuity calculation is correct as per the UAE labour law.
Also, the hospital management asked me to pay a two-months full salary as a penalty since I am resigning without completing the limited contract.
I am awaiting your valued reply.

Aug 8, 2019
7696
Entitlements of the employee upon resignation for salary delay
1
Q: I am working in a reputed aluminium company for 5 years. For the last few years, the company is delaying salary so I decided to resign.
Now, what do I do to get my unpaid salaries and settlement?
Do I have to send a mail to the HR for the settlement?
And if they didn't take proper action, then only I have to go for legal action?
Please reply.

May 1, 2019
533
The basis for calculating accrued annual leave days upon resigning
2
Q: Dear Madam/Sir,
I am employed under a JAFZA contract, and at the end of June, I'm leaving the company and the UAE. My position is a manager and I am office-based.
My employment contract is based on 5 working days per week (Friday and Saturday off). When I take my annual leave, only the weekdays are taken for my leave balance calculation (i.e. 2 weeks off costs me 10 days leave).
I still have an outstanding leave balance of 12 days over 2021. The company will pay out these days with my final salary. However, I have my doubts about the way they calculate the value of these days.
They take my monthly salary, divide this by 30 days, and multiply this by 12. But in my opinion, since I have a contract based on 5 days per week, they should take my monthly salary and divide it by 21.75 days instead of 30 days.
I would like to know what is the correct way to calculate this, and how this is described in the UAE labor law.
Thank you very much in advance.
Kind regards,
P.

Jun 16, 2021
883
How to calculate the leave salary if an employee did not use the annual leave?
0
Q: Hi Sir,
If an employee did not use the annual leave continuously for three years, how to calculate the leave salary?

Feb 7, 2024
331
Legal blog
2 available 2 • View allIs a Barter Gratuity Possible in the UAE? 8
Issue: An employee resigned from the job after working for 5 years, and signs a letter addressed to the employer that he wants his gratuity to be paid only after his customer pays the employer. Therefore, has the employer defaulted for End of Service (EOS) payment under the UAE Labour Law?
Oct 5, 2017
9042
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
90230
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
103589
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
12393
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
26352

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
343
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
362
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
356
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
389
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