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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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Hi, I have resigned from my company on 26/09/22...

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Hi, I have resigned from my company on 26/09/22 and served notice period till 26/10/22. As of today my company has not paid my full and final settlement amount and asking me to sign visa cancellation form in which it's stated that " I have received all of my dues and no money is pending with company". Please advise it's more than 10 days from last day of service. I need to join my new organization

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If the work contract ends, you have the right to claim your financial entitlements, such as the end of service gratuity, which is calculated as follows:
A foreign worker who works in a full-time manner and who has completed one year or more in
Continuous service End of service gratuity upon termination of his service, calculated according to the basic wage, on the
As follows:
A wage of (21) twenty-one days for each year of the first five years of service.
A wage of (30) thirty days for each year in excess of that. •
The foreign worker is entitled to a reward for parts of the year in proportion to what he spent at work, provided that he has completed
One year of continuous service.
Finally,,,
We advise not to sign any document stating that you have received your financial dues until after you have actually received those dues.
You can file a complaint with the Ministry of Human Resources and Emiratisation against the employer if he is late in paying your dues
Here is the text of the UAE Labor Law, related to your inquiry:
(Article 51)
End of service benefits for full-time employees
The national worker is entitled to an end-of-service gratuity upon the end of his service, in accordance with the organizing legislation.
Pensions and social insurances applicable in the country.
A foreign worker who works in a full-time manner and who has completed one year or more in
Continuous service End of service gratuity upon termination of his service, calculated according to the basic wage, on the
As follows:
A wage of (21) twenty-one days for each year of the first five years of service.
A wage of (30) thirty days for each year in excess of that. •
The foreign worker is entitled to a reward for parts of the year in proportion to what he spent at work, provided that he has completed
One year of continuous service.
The days of absence from work without pay are not included in the calculation of the length of service. •
Without prejudice to what is decided by legislation regarding the granting of pensions or retirement benefits to workers in some establishments,
The end-of-service gratuity is calculated according to the last basic wage that the worker was entitled to in relation to those who receive
their wages per month, per week, or per day, and according to the average daily wage stipulated in the provisions of this
Decree-Law for those who receive their wages by piece.
It is stipulated in the foregoing that the end-of-service gratuity for the foreign worker in its entirety does not exceed two years’ wages. •
The employer may deduct from the end-of-service gratuity, i.e. amounts due legally or by a court ruling,
In accordance with the conditions and procedures specified in the executive regulations of this Decree-Law.
The Council of Ministers, based on the Minister’s proposal and after coordination with the concerned authorities, approve other alternative systems to the
End-of-service gratuity, and the decision issued by him specifies the conditions, controls and mechanism of participation in these systems.

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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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