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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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I am two years and 3 months finish now make new...

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I am two years and 3 months finish now make new visa but company not give me vacation

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If your inquiry is related to the company's refusal to grant the worker annual leave, here is the following information:
The UAE Labor Law has granted the worker the right to obtain a weekly leave and a paid annual leave, and if the employer refuses to grant the worker this leave, the worker can file a complaint against the employer with the Ministry of Human Resources and Emiratisation.
Here is the text of the UAE Labor Law, related to your inquiry:
Article 21
The worker shall be granted a paid weekly rest of not less than one day according to what is specified in the employment contract or the work regulations, and the weekly rest day stipulated in this article may be increased by a decision of the Council of Ministers.
Article 29
1. Without prejudice to the worker's rights acquired for the period prior to the date of implementation of the provisions of this Decree-Law, the worker is entitled to an annual leave with full pay of not less than:
A. Thirty days for each year of his extended service.
B. Two days for each month if his service period exceeds six months and is less than one year.
C. Leave for the last part of the year he spent at work, in the event that his service ends before using his annual leave balance.
2. The part-time worker is entitled to annual leave according to the actual working hours he spends with the employer, the duration of which shall be determined in the employment contract, in accordance with what is decided by the executive regulations of this Decree-Law.
3. The employer may agree to grant the worker leave from his annual leave balance during the probation period, while the worker retains his right to compensation for the remainder of his annual leave balance, in the event that he does not pass the probation period.
4. The worker must enjoy his leave in the year in which it is due, and the employer may determine the dates of these leaves according to the requirements of the work and in agreement with the worker, or grant them in rotation among the workers of the establishment in order to ensure the smooth running of his work, and he must notify the worker of the specific date for his enjoyment of the leave with sufficient time of not less than one month.
5. The worker, with the approval of the employer and in accordance with the regulations in force in the establishment, may carry over his annual leave balance or days thereof to the following year.
6. The worker is entitled to wages for the duration of his annual leave.
7. The days of leave stipulated by law or agreement are included in the calculation of the duration of the annual leave if they fall within the annual leave enjoyed by the worker, and are considered part thereof, unless the employment contract or the regulations in force in the establishment stipulate something that is more beneficial to the worker.
8. The employer may not prevent the worker from benefiting from his annual leave due for more than two years, unless the worker wishes to carry it over or obtain a cash allowance for it in accordance with the regulations in force in the establishment, and what is determined by the executive regulations of this Decree-Law.
9. The worker is entitled to receive wages for the days of leave due if he leaves work before using it, regardless of its duration, for the period for which he did not obtain his leave, and he is also entitled to leave wages for parts of the year in proportion to the time he spent at work, and it is calculated according to the basic wage.
10. The executive regulations of this Decree-Law shall determine the rules and conditions for organizing and compensating for leaves.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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