Questions & Answers
Questions & Answers
9 available 9 • View allLeave salary calculation according to the law after resignation 
16
Q: 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.

Nov 12, 2018
17668
Labour case by the employee after the payment of entitlements

0
Q: One of our staff was on an Unlimited Contract. We gave him a 30 days' notice stating that we won't be renewing his contract.
We paid him in cash his EOSB - 21 days for each year + Leave Salary (not basic, but full salary) + Ticket Money in Cash.
He signed and it's mentioned in the company letter all full and final settlement received with no outstanding.
Now, this employee has filed a complaint at the Labor Department and denied receiving any cash. I have raised this complaint to Dubai Courts.
What are our chances of winning?
Unfortunately, my accountant didn't take his signature on the Receipt Voucher.
Kind regards,
Mark


Feb 25, 2019
726
Calculation basis for accumulated annual leaves upon resignation
14
Q: An employee has not gone for his leave for 6 years on an unlimited contract and has resigned.
How is the leave salary calculated, on the basic salary, basic + accommodation or total salary?
And how many days salary can he claim for 60 days?
Thank you

Apr 30, 2019
29789
Calculation of unused leave salary upon termination
4
Q: An employee has worked for 1.5 years. He had taken only 30 days of annual leave in these years. He has been terminated. How to calculate his unused leave salary?

May 12, 2019
4415
The right way to calculate the annual leave
2
Q: Good evening Mr. Shoaib,
I have a question regarding the annual leave calculation.
If you have, for example, worked for 2 years at a company in the UAE, are you entitled to 30 days for each year of service?
Or is the first year calculated at 2 days per month (24 days) and the second year calculated at 30 days per year?
This is a point of discussion where I am working right now.

Sep 15, 2020
1382
حقوق العامل عند إنهاء عقد العمل محدد المدة بدون سبب
1
س: سيدي العزيز،
أنهت الشركة عقد العمل الخاص بي مؤخرًا حيث عملت معهم لمدة عام و6 أشهر بموجب عقد محدد المدة. كنت أعمل في مجموع 6 شركات؛ 4 منها تابعة لصاحب العمل واثنتين لزوجته وبنته (عقد العمل لشركة واحدة فقط).
عندي أكثر من 14 إيميل شكر من صاحب العمل، وتم إنهاء عقد العمل بشكل مفاجئ بسبب خلاف شخصي بتاريخ 15/09/2019. الراتب 14.000 درهم.
أردت أن أعرف إذا كنت أستحق الحصول على تعويض عن فسخ العقد محدد المدة + الفصل التعسفي.
مع الشكر والتقدير!

Nov 17, 2019
233
The calculation of annual leave in different scenarios
6
Q: Hi,
Quick questions:
1- How is the annual leave calculated if someone has completed more than one year in service.
a- Leave of 30 days in 12 months; i.e. 11 months of work + 1 month leave = 30 days in 12 months.
b- Leave of 30 days after completing 12 months every year; i.e. 12 months of work + 1 month leave = 30 days in 13 months.
2 - Is the leave period considered for the calculation of subsequent leave entitlement? Or is it calculated from the date of rejoining after leave (leave period excluded)?

May 17, 2021
4425
Is leave salary calculation based on basic salary or full salary?
10
Q: Is leave salary calculation based on basic salary or full salary at the time of resignation or termination?

Jul 27, 2021
9711
حساب رصيد الإجازات في نهاية الخدمة

1
س: السلام عليكم،
كيف أحسب رصيد الإجازات في نهاية الخدمة إذا أكمل الموظف أقل من سنة، وإذا أكمل سنة أو أكثر؟
نوع العقد: عقدعمل قطاع خاص.


Sep 12, 2023
249
Legal blog
4 available 4 • View allTermination Without a Valid Reason - What Can You Do? 12
An interview-format article covering the topic of employment termination without a valid reason in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. Ludmila discusses the aspects of termination, like notice periods, end of service benefits, arbitrary dismissal, unpaid salaries etc.
Jan 15, 2020
5468
كيفية 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
29511
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
90219
How Do You Ask a Lawyer? 11
I believe that there is a similarity between medicine and law, and just as there is a way to ask a question to a doctor to get the most accurate and correct answers from him, which ultimately helps you receive the correct diagnosis, and therefore the correct treatment, there is a way to ask a lawyer.
Jun 12, 2023
1139
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
103588
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
12393
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
26348

Other answers by
421 421 answers •
View allPayment recovery for delay in the delivery of purchased property 0
Hi,
I need to hire a property lawyer.
I have purchased a property that is still under construction. The handover was supposed to be May 2018 and it has been delayed for over 18 months.
Can you please advise what is the average fee to the lawyer and any upcoming fees?
I would like to either receive compensation for the delay or terminate the SPA and receive what I have paid.
Thanks
Nov 10, 2019
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Termination of services due to cost-cutting 0
My company terminated my services without any reason except for what they told me that they are cost-cutting.
What are the complete benefits that they have to pay to me beside the gratuity?
I worked there for 3 years.
Nov 10, 2019
948
Court fee for filing civil case of cheque bounce 0
What is the total fee for instituting a civil case for a bounced cheque of AED 4 million?
Nov 8, 2019
4849
Mutual Termination vs Resignation 0
Is it possible to request a mutual termination of the contract from the employer?
My employer recently asked me to submit a resignation. Since it's not legal for him to do this and since I don't mind leaving the company for better opportunities, is it legal for me to request a mutual termination of contract letter?
What are the important things that should be stated in the letter?
Nov 9, 2019
1677
Termination for non-performance and claim for arbitrary dismissal 0
Hi,
I am the GM of a company in the Internet City and the VP Sales MEAA.
My contract has been terminated after 13 years due to some results that did not meet the company expectations.
No process was followed prior to termination. I wish to know if I will have a claim for arbitrary dismissal.
Regards
A. D.
Nov 5, 2019
1074
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