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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Im pemba, I'm working at printing press from 4...

تم تقييم هذه الإجابة:
Im pemba, I'm working at printing press from 4 years and now finishing my visa this february . And someone say to me compny paid me the leave salary is by basic salary not a full salary, what is true pless help me .two year ago compny give me the leave salary by full salary not a basic salary .

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الرد من العميل

Pless answer me

الرد من العميل

ok

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Federal Labor Law which is applied in UAE including Freezone, for leaves and its allowances is calculated according to the basic salary if the work is terminated. However, if the worker is still under work then it calculates according to the total in addition to the allowances and increases. As below articles state:
Article 75
A worker shall, for each year of service, be entitled to an annual leave of not less than: 1. Two days a month, where the worker’s period of service is more than six months but less than one year. 2. 30 days a year, where the worker’s period of service is more than one year. Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Article 76
The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. However, the leave division provision shall not apply to leaves of child workers.
Article 77
Holidays stipulated by Law or by agreement, and any other days of leave on account of sickness, falling within an annual leave shall be considered as an integral part thereof.
Article 78
Each worker shall be entitled to his basic wage and the housing allowance, if applicable, in respect of his days of annual leave. Where it was imperative for the work interest to put a worker on duty during all or part of his annual leave, and if the leave days on which he worked were not carried forward to the following year, the employer shall pay him his normal wage plus an allowance in lieu of leave, for the actually worked days, calculated on the basis of his basic wage. In no case shall a worker be made to work during his annual leave more than once in two successive years.
Article 79
A worker who is dismissed or who leaves his job after the period of notice prescribed by law shall be paid for any accrued annual leave days. Such payment shall be calculated on the basis of the worker’s wage as on the date when the leave became due.
Article 80
Before a worker goes on annual leave, his employer shall pay him the full wage due to him plus the leave pay prescribed for him under this Law.
Article 81
Where it is necessary for the work interest to put a worker on duty during public holidays or days off in respect of which he is entitled to full or partial pay, he shall be granted substitute leave in respect of such days, plus 50 per cent of his wage. If he is not granted substitute leave, his employer shall pay him 150 per cent of his basic wage in respect of the days worked.
Article 82
A worker who contracts an illness that is not a work-related injury shall report his illness within a maximum of two days; the employer shall thereupon take the necessary measures to have him medically examined immediately for the purpose of verifying his illness.
Therefore, you can file a complaint in the Labor Office which is specialized in the labor disputes to get the allowance of the leaves

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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