Questions & Answers
Questions & Answers
3 available 3 • View allHow is the start date of work calculated in case of disagreement with the employer upong resignation?




1
Q: Hello,
I started working remotely and signed an offer letter in April 2023.
As I was transitioning from another job, my offer letter said that I would work part-time in April, and I started working full-time on May 10, 23'.
I landed in Dubai and got my employment visa and contract when I landed in July, although my offer letter was signed in April and I've been working since then.
Now, I'm resigning, but my employer is calculating my annual leave and gratuity pay from July 23' (to avoid paying my gratuity pay and deduct fewer annual leave days from my notice period).
Should my start date be counted from April 2023, since I started working in April, or from July?
They say that my April-July remote work qualified as freelance work, but we never ever discussed or put in writing any freelance contract.
Thank you,
P.





May 21, 2024
95
Is a resignation issued outside the UAE considered valid?


2
Q: Dear Sir/Madam,
I recently informed my employer that I would be working remotely due to personal reasons and I left the UAE after informing him that I would be leaving for a few days.
I was unable to resolve my personal issues and submitted my resignation remotely while outside the UAE. I sent the resignation letter by e-mail.
My Employer now claims that my resignation is invalid as it was not issued in the UAE and is claiming I have committed gross misconduct. I assume this is with a view to dismissing me before I have completed my notice period.
I have continued to work while I have been outside the UAE, and my employer is aware of this. I am returning to the UAE this weekend to complete my notice period.
Is it possible for my employer to dismiss me for gross misconduct in these circumstances, given that I submitted my resignation first?



Jan 17, 2024
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The calculation of the EoSB in case of working for the same company in different countries
2
Q: I was working in France for a company and got transferred to the UAE with the same company. As part of the transfer process, I resigned from my French position and signed a new local contract for the new position.
My employer issued a letter mentioning the resignation and the new position benefits as well as clearly mentioning that my employment with the company is continuous (ie. my start date with the company remains the same as my start date in France).
I have now resigned from my UAE position and am in the middle of my notice period.
I have discussed with my account department the details of the End of Service Gratuity and found that they do not consider the French start date but the UAE start date in their calculation.
The letter as well as multiple company internal procedures clearly state that when an internal transfer happens, the start date with the Group remains.
As I was forced to resign from my French contract, I have not taken any compensation for the years worked.
Please advise!

Nov 12, 2019
530
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Laws & Regulations
3 available 3 • View allFederal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
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