Questions & Answers
Leave salary calculation according to the law after resignation
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.
Dear Questioner,
Please note that the Court might have made the calculation as per the law. Article 79 states as follows:-
"A worker who is dismissed or who leaves his job after the period of notice prescribed by law shall be paid for any accrued annual leave days. Such payment shall be calculated on the basis of the worker’s wage as on the date when the leave became due".
However, if the HR policy lays down any provisions that are more beneficial to the employee than the general law, the HR policy has to be applied.
Anyway, I would like to see the judgements to give you advice in depth.
Thank you.
Regards,
Rajasree Ravivarma
0544461746
cloudsdarker@gmail.com
