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Can the employer pay only the basic salary to the employee during the annual leave?

Dear Sir,

Our company is practicing paying only the basic salary for our Annual Leave.

Is it possible to claim my full salary during my Annual Leave and how can I do that properly?

Hope someone can assist me.

Thank you.

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Al Hajeya Alnoobi Advocates and Legal Consultants
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21 Jun 2023, 07:22

Dear inquirer,

According to Federal Decree-Law No. 33 of 2021 regarding the regulation of employment relationships, Article 29 states the following regarding annual leave:

Without prejudice to the rights acquired by the employee for the previous period of employment, in accordance with the provisions of this Decree-Law, the employee is entitled to annual leave with full pay not less than:

a. Thirty days for each year of continuous service.

b. Two days for each month if the duration of service exceeds six months and is less than one year.

c. Leave for the remaining part of the last year worked, in the event that the employment ends before utilizing the annual leave balance.

Based on this, according to the new law effective from 2/2/2022, the employee is entitled to a leave allowance calculated on the full salary, not the basic salary.

If the employer violates this law, the employee has the right to file a complaint with the Ministry of Human Resources against the company. The Ministry will take the necessary actions against the company.

If you require any additional information or have any further inquiries, please do not hesitate to reach out to us through WhatsApp.

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Amiri Advocates & Legal Consultants
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21 Jun 2023, 07:27

You have the right to file a complaint with the Ministry of Human Resources.

Al Kaitoob Advocates & Legal Consultants
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21 Jun 2023, 08:08

It's their right as per UAE laws.

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KHE Legal Consultancy
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22 Jun 2023, 11:33

If your employment contract have the same clause, then you will be getting the same.

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