Questions & Answers
Questions & Answers
7 available 7 • View allShould my company pay the end-of-service gratuity if I resign after one year?

2
Q: Please, I want to know if I cancel my company after 1 year of service, do they have to pay for my flight ticket and give me my gratuity?


Jul 31, 2023
335
Calculating the gratuity of an employee who worked for sister companies?
2
Q: How to calculate gratuity in case of internal transfer if the EoSB wasn't paid during transfer but to be paid during employee resignation?

Jan 6, 2022
505
Reducing the gratuity of an employee upon resignation due to late attendance
2
Q: Greetings,
We hope you are well!
As we are processing the end of service gratuity for an employee (who resigned earlier), the daily attendance report during his employment (which all is available in official records) is showing that despite continuous official written notices (which are signed by him), he failed to follow the morning official starting working hours with continuous late attendance causing financial damage as work was delayed due to that.
We would like to know the rule which should be applied in order to deduct the late attendance hours during his employment out of his end of service gratuity (as per the biometric attendance report) due to the financial damage caused to the company.
Below are his employment details:
- Contract type: unlimited
- Start date: 13 July 2014
- Last day of service: 10 May 2021
- Notice period completed: 60 days approximately
- Reason for leaving the job: resignation from his position
- Basic salary: 4000 AED

May 25, 2021
427
When we calculate the end-of-service benefits of a terminated employee, how do we calculate the unused leave?


0
Q: One of our employees has been terminated due to the completion of the project and he has 36 days of unused leave.
When we calculate his end-of-service benefits, how do we calculate the unused leave?
As per the labor law -
Point no 9 of Article 29 of Federal Law 33 of 2021 mentions:
9. The worker shall be entitled to a wage for the accrued leave days if he quits the work before using them, regardless of the leave duration, with respect to the period for which he did not obtain his leave. He shall also be entitled to receive leave wage for parts of the year in proportion to the period he spent in work and it shall be calculated according to the basic wage.
So, should it be based on the wage (as mentioned in the 1st line of the Article) or will it be calculated based on the basic wage (as mentioned in the last line)?
Please give clarification on this to avoid disputes.
Thank you for answering!



Aug 28, 2024
76
Am I eligible for leave salary after one year of service if I resign with the required notice?




1
Q: Dear Lawyers,
After completing one year of service, am I eligible for leave salary if I resign with the required notice period?
What are my rights if the company does not pay or delays the cancellation of my visa, as I am joining another company?





+2
Oct 16, 2024
228
I resigned before completing 1 year. Am I still eligible for leave salary and gratuity?

1
Q: Dear Lawyers,
I resigned before completing 1 year, but with a 90-day notice, I completed 1 year and 27 days. Am I still eligible for leave salary and gratuity?


Oct 15, 2024
223
I am resigning from my work. Am I responsible for visa costs? Am I eligible for EOSB if I served 1 year and 2 months?




0
Q: I would like to seek legal clarification regarding a clause in my employment contract.
The contract states: “In the event the employee terminates the contract prematurely, applicable visa charges will be incurred by the employer.”
I have completed 1 year and 2 months of my 2-year contract, but I am considering resigning. My employer has informed me that I may have to reimburse the visa costs due to this clause.
Could you please confirm:
1. Is it legal under UAE labor law for the employer to require me to pay for visa costs upon resignation?
2. Am I entitled to any end-of-service benefits (gratuity) after completing 1 year and 2 months?
3. Are there any penalties or labor bans that may apply if I resign before completing 2 years?
I would appreciate your guidance on this matter.
Please let me know if a consultation is needed.





Apr 2, 2025
72
Legal blog
3 available 3 • View allAn 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
92149
Is a Barter Gratuity Possible in the UAE? 8
Issue: An employee resigned from the job after working for 5 years, and signs a letter addressed to the employer that he wants his gratuity to be paid only after his customer pays the employer. Therefore, has the employer defaulted for End of Service (EOS) payment under the UAE Labour Law?
Oct 5, 2017
9099
How to File an Employment Court Case in the UAE 36
An interview-format article covering the topic of filing an employment court case in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
May 10, 2021
11308
Laws & Regulations
2 available 2 • View allFederal 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
26842
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
12454

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