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Dubai, UAE

حق العامل في الحصول على الأجازة السنوية التي لم يستعملها

أدرك أنه بموجب القانون الاتحادي رقم 8 لعام 1980، يمكنك المطالبة بالأجر العادي + بدل الإجازة إذا كنت تعمل أثناء أجازتك السنوية ولم ترحل للسنة التالية.

ومع هذا، أود أن أعرف ما هو معدل نجاح هذه المطالبة إذا طالبت بها في محاكم دبي.

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12 Mar 2019, 11:45

Dear Sir/ Madam,

Thank you for reaching out to us on this.

Your reading of the UAE Labour Law is partially right. If you work during the annual day leave then you are entitled to get full salary.

However, you can carry forward your annual leaves to the next year and it doesn't extinguish.

The success rate for such cases cannot be put in numbers, but if you have a legal right then, of course, you will succeed before the Labour Court.

Depending on the case and evidence submitted by you, the case will be adjudicated.

I trust you will find this appropriate.

Regards,

Hari Wadhwana

12 Mar 2019, 13:14

Thank you for your comment.

By Dubai law, how many days of annual leave is an employee entitled to?

12 Mar 2019, 13:16

Dear Sir/ Madam,

According to Article 75, 30 days in a year where the period of service is more than a year.

12 Mar 2019, 13:57

Thank you, Hari.

Should the company only allow you to carry forward 10 days/30 days of the annual leave according to the law?

Are you entitled to claim encashment for the rest 20 days?

12 Mar 2019, 14:18

Yes, you can encash the pending leaves upon termination or resignation.

12 Mar 2019, 17:21

Without termination or resignation, is it possible to encash 20 days?

12 Mar 2019, 19:36

No. If you are still working, then you can take the leaves and not the cash.

13 Mar 2019, 04:30

But the company policy does not allow you to carry forward more than 10 days.

What do you do in that situation?

13 Mar 2019, 05:18

Company policy cannot override the Labour Law. I would request that you email me all your queries together.

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