Questions & Answers
Entitlement towards end of service benefits
Hi,
I was suspended from work, and after a week they terminated me for the discrimination against a colleague, but it is unintentional discrimination; my company did not pay my EOSB.
Does the company have the right for not settling my EOSB?
When I asked them they said "because you're terminated for disciplinary actions", that's why they did not pay my EOSB. I worked with the company for 3 years and 6 months.
Thanks
Dear Sir/Ma'am,
I hope you are fine.
Further to your query, kindly inform us what is the exact discrimination your employer has alleged about? For this, you may send us the termination letter and the employment contract for our review.
Furthermore, please be informed that Article 102 clause 6 of UAE Labour Law clearly provides for "Dismissal without prejudice to the end of service gratuity".
Therefore, your End of Service benefit cannot be forfeited in any way by the employer.
But as the employer has taken disciplinary action against you, you may be liable to pay a certain fine which must not exceed 5 days of your monthly salary, this varies from case to case.
For confidentiality, Kindly send us the required documents at info@awsuwaidi-advocates.com or you can call us at 045547635.
Regards,
Aws M. Younis
