Questions & Answers
Questions & Answers
6 available 6 • View allEmployer's refusal to pay end of service benefits

62
Q: Good Morning!
I'm writing to you in hopes of any help you can give me. I'm a single mom and sole provider of my family back home. Last Feb 15, 2017 I was terminated. Now, my former employer is blackmailing me for them not to pay me any of my end of service benefits.
I have not received any end of service benefits and they are not being cooperative and they are threatening me with police prosecution. I am begging for any help you can extend. Even legal advice on my situation will be dearly appreciated. Please. I need help. I am appealing to anyone in your office to please help.
Thank you for taking the time to read this.


May 17, 2017
19682
The legal basis of calculating the end of service gratuity
2
Q: Hi,
I would like to know about the end of term gratuity here in Dubai, It says the maximum remuneration for the end of service gratuity should not exceed 2 years' pay.
Is that 2 years' pay based on the gross salary or basic salary?
Regards

Oct 4, 2018
2628
The basis of calculating the EOSB 
1
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?

Oct 22, 2018
2329
Calculation of the annual leave salary upon termination
32
Q: Please help me with the below scenario.
I had worked with a company for three years. I was terminated on the basis of redundancy on 15th Jan 2019. They gave me one month notice period which ended on 15th Feb 2019.
I completed the notice period and now joined another company. At the end of my notice period, I have 34 leave days as balance. In my final settlement, the company is paying me these 34 days on the basis of BASIC salary only.
My argument to them is that I should be paid as per article 79 of the UAE labour law which states that my leave days shall be paid on the basis of wage.
I want your help to understand if I am eligible to receive a full salary (basic + allowances) for my 34 leave days or it is only BASIC SALARY for 34 days.

Mar 11, 2019
35844
Arbitrary dismissal and entitlements after being made redundant

4
Q: Hi,
I will be grateful to you if you could advise me on the following:
I have been working for an international company for about 12 years. Due to a recent restructure, I was made redundant.
My questions are:
1. Will this redundancy be considered an arbitrary dismissal? If so, will I be compensated based on my full salary, or the basic?
2. I have not taken my annual leaves for many years. Can I be compensated for the days I did not take in the past 12 years?
Your kind response will be highly appreciated.


Jun 27, 2019
843
How is my EOSB settlement calculated in case of resignation?


0
Q: I have resigned from my company.
How is the leave salary encashed on F & F settlement?
My salary structure is divided into 4 parts, Basic, HRA, Adhoc & Transport. As per my company rules, I am eligible for 2 months' leave after 24 months of service.
Will I be paid the Gross Salary minus Transport Allowance or only Basic in F& F Settlement?
I have completed 1.8 years in the company.



Feb 28, 2023
120
Legal blog
2 available 2 • View allكيفية احتساب مكافأة نهاية الخدمة في الإمارات العربية المتحدة 37
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.
Jan 30, 2020
29514
An Overview of the New UAE Labor Law and Recent Amendments of 2024 233
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.
Sep 10, 2024
90245
Laws & Regulations
3 available 3 • View allFederal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
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.
Apr 20, 1980
103592
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations 8
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.
Sep 27, 2015
12394
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
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).
Sep 20, 2021
26354

Other answers by
522 522 answers •
View allThe maximum notice period employers can put in the contract as per the new labor law 0
Our internal contract has a notice period of 3 months from both parties. In the new labor implementation, only one month's notice is required for less than 5 years of service.
Please advise if we can follow our internal contract since the position is very curtailed and the organization will not be able to replace the position within one month.
Sep 8, 2022
344
Annual leave salary calculation as per the new labor law 0
Dear sir/madam,
Annual leave salary calculation as per the new labor law.
Can you please clarify the correct annual leave salary rules?
Some say it is basic + HRA for the month you will take off, others say it is full salary, and somewhere I read it is basic + HRA (annual leave salary) plus the normal salary you get.
Can you please clarify?
Thanks for your valuable time and kind assistance!
Sep 7, 2022
2647
I want to dismiss an employee under article 120. Do I need to pay him the EOSB? 0
I want to dismiss an employee under article 120/44 of MOHRE labor law. I want to know if we need to pay him his complete end-of-service benefits.
Jul 26, 2022
362
What happens WPS system if my employer deposited less than my salary? 0
Dear Madam,
My salary is 5000 in WPS, but in June, my company deposited 1000 by mistake.
Is there any chance to rectify or deposit the 5000 dirhams again?
Jul 13, 2022
357
How to appeal the labor judgment if the court did not approve all my dues? 0
My employer has not paid my salary for 8.5 months. I went to the labor court, and was referred to Dubai Courts.
The judgment came and I did not receive the full claim including salaries and 3 months' compensation.
Please advise whether I can go for an appeal and what will be the time for execution.
Need your valuable advice.
Jul 9, 2022
390
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