Questions & Answers
Determining the commencement date to consider for EOSB and leave salaries calculation
Dear Ms. Rajasree,
I am working in a private company in Dubai under unlimited contract. I need some clarification related to the calculation of leave salary and the EOSB.
My labour contract was initiated on 02/07/2020 but the company called me for the work on 01/09/2020. I was unemployed for two months. Now, the company terminated me on 01/07/2021 with one month notice ending on 31/07/2021 due to a poor business situation.
Now my question is, which date do I have to consider for the EOSB and the leave salaries calculation?
My company says that all calculations will start from the date of joining.
Kindly I request you to clarify in this regard.
Best Regards,
Mohamed
Dear questioner,
In all cases, the date of commencement mentioned in the employment contract is considered while calculating the duration of service.
In your case, the company may prove before the court that you were not working during the initial months. In that case, it is completely the discretion of the court to decide which date to be considered as the date of commencement.
Hope my explanation is clear to you!
Regards,
Rajasree Ravivarma
