Questions & Answers
Questions & Answers
9 available 9 • View allCalculation 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
35853
How to calculate the accumulated leave?
1
Q: Hi Madam,
I have read in one of your answers to a question regarding the calculation of leave salary at the end of job, termination, or resignation, that the leave salary for accumulated leaves will be calculated based on Basic Wage.
My doubt is what is accumulated leave?
If I received all the dues of leave salary on last leave and I resigned 1 year after resumed duty, only 1 month leave salary is due for me. Is it consider accumulated leave or is it a normal annual leave?
And, why the calculation is based on basic pay in this case?
I think the accumulated leaves are the days due more than 60 days. Please advise me as I am planning to resign from my job.
I completed 20 years in the same company and there is no unpaid leave salary except the last 1 year of service.

Aug 26, 2021
1172
Leave dues and flight ticket allowance of the employee after renewing contract
5
Q: Good day,
I just wanna ask about the benefits that I can get for my vacation.
I just finished my 2 years' limited contract this month and they renewed my contract and gave me a vacation date from February to April.
I have a monthly salary of AED 3300 with an AED 2000 basic salary.
What are the benefits I can get upon the vacation period?
And is it lawful for them to give a 1-way ticket and I am the one to buy the ticket for the way back?
Thanks

Nov 30, 2021
1371
How to calculate the leave entitlement for an employee who leaves before one year?



0
Q: If an employee works less than a year, how to calculate their leave entitlement till the end of the year?
Do the 2 days per month start from the joining date or after the 6 months probation period?




Nov 30, 2022
367
How is my EOSB settlement calculated in case of resignation?


0
Q: I have resigned from my company.
How is the leave salary encashed on F & F settlement?
My salary structure is divided into 4 parts, Basic, HRA, Adhoc & Transport. As per my company rules, I am eligible for 2 months' leave after 24 months of service.
Will I be paid the Gross Salary minus Transport Allowance or only Basic in F& F Settlement?
I have completed 1.8 years in the company.



Feb 28, 2023
121
Will labor dues be calculated based on basic or full salary?

1
Q: Dear Sir/Madam,
Today, I received a notice of termination under Article 115-Redundancy. My contract in JAFZA began on October 10, 2020, and the end date is October 10, 2023.
I need your help to understand if the term "month" refers to 20 or 30 days and if payment will be based on basic salary or full salary.
Regarding my termination, they have mentioned the following payments:
- Salary until April 12, 2023.
- Salary in lieu of the notice period.
- Three months' salary as compensation for early termination.
- Leave encashment until April 12, 2023.
- End of service gratuity until April 12, 2023.
- One-way air ticket for repatriation to my home country, only if I exit the country.
As per their request, I signed the acceptance on the notice document and returned the company phone and laptop.
I would like to know if it is possible to file a complaint for any additional compensation as this termination has caused me financial distress, especially since I have to pay monthly installments to the banks for the next four years.


Apr 12, 2023
89
حساب رصيد الإجازات في نهاية الخدمة

1
س: السلام عليكم،
كيف أحسب رصيد الإجازات في نهاية الخدمة إذا أكمل الموظف أقل من سنة، وإذا أكمل سنة أو أكثر؟
نوع العقد: عقدعمل قطاع خاص.


Sep 12, 2023
257
Calculating leave for an employee with unused days after termination

1
Q: Hi,
How to calculate leave if an employee has already ended her contract but has 30 days of leave that she did not use?


Feb 6, 2024
267
Am I responsible for insurance and visa fees upon early contract resignation?


2
Q: Dear Sir/Madam,
My contract is for 2 years, limited. I resigned after 1 year and 5 months. The company asked me to cover medical insurance, labor insurance, visa status change, and Emirates ID charges.
Am I liable to pay this amount to the company? Please let me know the calculation of the leave salary.
Is the calculation based only on basic salary and HRA allowance or the full salary including all allowances?



Mar 19, 2024
95
Legal blog
2 available 2 • 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
31005
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
90391
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
103602
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
12402
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
26388

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
344
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
2649
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
363
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
357
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
392
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