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Muawia Saleh
Lawyer
الأسئلة المجابة 14001 | نسبة الرضا 98.7%
Lawyer
Hi - I am employed in Dubai under a secondment...
Hi - I am employed in Dubai under a secondment contract for a big 4 accounting firm from London. Dubai pay my salary and I have a local labour contract etc. This was originally a 2 year fixed secondment but was extended by a further 2 years, a further year and then a further 7 months - 5 years seven months total. My query relates to gratuity entitlement. I was forced to sign various waivers along the way waiving my right to a gratuity which I understand is unenforecable.
Am I entitled to a gratuity under UAE law and how would this be calculated given my contract extensions? Am I entitled to the greater than 5 years gratuity calculation ie 21 days for each year of service?
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إجابة الخبير: Muawia Saleh
Muawia Saleh
Lawyer
الأسئلة المجابة 14001 | نسبة الرضا 98.7%
Dear Customer
Thanks you for joining our website
About your inquiry , the UAE labor law define the limited contract in the article 38 . which it says
(( ..An employment contract may either be for a limited or an unlimited period. If it is for a limited period, such period shall not exceed four years and the contract may with mutual agreement be renewed one or more times for similar or shorter period/periods. In the event of renewal of the contract the new period/periods are deemed to be an extension of the original period and shall be added thereto in calculation of the employee's total period of service... )
and this is how the calculate your End of service benefits in the article 132 from the same law
(( )* The employee who has completed one year or more in the continuous service, is entitled to the end of service remuneration at the end of his service. Days of absence from work without pay are not included in computing the period of service, and the remuneration is to be calculated as follows :- 1. Twenty one day's pay for each year of the first five years of service. 2. Thirty days pay for each additional year. Provided that the entire total remuneration shall not exceed two year's pay.)
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إجابة الخبير: Muawia Saleh
Muawia Saleh
Lawyer
الأسئلة المجابة 14001 | نسبة الرضا 98.7%
you are welcome .. and thanks for your reply
good luck
good luck
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Muawia Saleh
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الأسئلة المجابة 14001 | نسبة الرضا 98.7%
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