Q: Hi there, If you could please let me know how is End of Service gratuity calculated for resigning employee on unlimited employment contract in Dubai?

Q: I am looking for advice on how to best proceed with receiving the amount of gratuity promised in my contract. I have worked for my employer for 4 years on an unlimited contract. One month before my visa renewal, the employer informed me that they will not renew my visa and will end the working relationship. My contract states that my basic salary is AED 13,000, with no subdivisions. Now, the employer claims that this was a mistake and they meant to write AED 6,000 as basic salary and allocate the rest for travel, living etc. They are only willing to pay the gratuity based on this amount. Please advise, what is the amount the employer owes me as gratuity and how to proceed?

Q: Dear Sir/Mam, What is the labour law reference for basic salary as base computation for EOSB? We applied a fixed monthly wage before. Is that a problem? Thanks in advance.

Q: Hi Madam, One clarification: 21 calendar days’ basic pay for each year of the first five years of service. 30 calendar days’ basic pay for each additional year. Provided that the entire total remuneration does not exceed two years pay. Is it 24 months X Basic Pay or 24 months X Gross Pay?

Q: I was working in one of the biggest and renowned groups in the UAE for 12 years and I have resigned (due to delays in salaries every month) on 01.06.2017 and served a 1-month notice. After getting no response from the company for 5 months, I finally launched a complaint in TASHEEL. After the court hearing, I got a wrong judgment of settlement of 1 year instead of 12 years and was asked to raise an appeal against the judgment. Again, after 7-8 hearings, I got the judgment which states that the leave salary to be paid for 60 days as per the basic salary. But as per my company's policy, the leave salary was payable as per the gross salary. My dispute with the company was on the number of days of leave salary, which according to me should be 60 days and the company was paying for 37.5 days only. I have again raised an appeal (Something called ILTIMAS if I am not wrong) attaching a translation of the company's HR Policy also, which was eventually rejected by the court. I just want to know what is the next step to follow.

س: هل أستطيع أن أدفع لعامل لدي مبلغ مكافأة نهاية الخدمة عن مدة قضاها، حوالي 10 سنوات، وذلك بناءً على طلبه ويُسجّل لي تعهد باستلامه كافة مستحقاته العمالية وأبقيه يعمل لدي على أساس تاريخ بدء العمل الجديد على ألا يأتي بنهاية العقد ويطالبني بكامل الفترة؟

Q: HI. I have recently resigned from my organization. What I want to know is that in the end of service gratuity calculation, the paid leave amount consists of basic pay only. Shouldn't the HRA be part of paid leave amount as well in addition to basic pay?

سوف نستهدف هنا الوصول إلى كيفية احتساب مكافأة نهاية الخدمة بما يتماشى مع ما نص عليه قانون العمل في دولة الإمارات العربية المتحدة وما دأب عليه القضاء فيها، إضافة إلى طرح تعاريف الألفاظ التي أوردها القانون، للوصول إلى نتيجتين: الأولى؛ ما هو الأساس الذي تحتسب عليه مكافأة نهاية الخدمة، والثانية؛ كيفية احتساب حدها الأقصى.

The UAE has mainly the 3 sectors which have their employment laws, like the laws of companies under MOHRE (governed by Federal Law no. (8) of 1980 Labour Law, Domestic works govern under Federal Law no. (10) of 2017 On Domestic Workers and Free Zone companies governed by their specific employment laws.

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.

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.

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.

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).