Holding gratuity and labor entitlements after resignation - Q&A - Legal Advice Middle East

Question

Q: I applied for my resignation (with a 1 month notice period as per my contract). I asked about my gratuity payment, He mentions that I can get it within a month or two. Is it an option for me to simply just wait… A: You should not wait. What I do recommend is to file an immediate Labor Complaint…

Sherif M. ElKhatib · Accepted Answer

Hello there, 1. Your action was 100% correct. 2. You don't need any guarantees from their side. They are obliged to pay you all your labour entitlements as per the UAE Federal Labor Law. 3. You should not wait. What I do recommend is to file an immediate Labor Complaint against them. If you want to wait, it's your decision. But you shall not wait for One year since it is the time bar determined by Law. This means that after One year starting from the date you are entitled to the gratuity, otherwise you will not be entitled to any single fils (it is legally called "Limitation" due to the passage of time). Moreover, you should know that, depending on the circumstances, you (as an employee) are either legally exempted from paying the Court Fees or entitled to apply for deferment of fees. Kind regards.

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