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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I work for a federal agency (UAE University). The...

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I work for a federal agency (UAE University). The UAEU does not want to apply the federal law concerning EOS gratuity calculation for faculty members (federal employees). It says they are exempt and can only have one month per year of service.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
UAE, Al ain
Lawyer's Assistant: Has anything been filed or reported?
I do not understand the question.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I just want to know whether the UAEU is applying the law properly.

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                     
Thanks for joining and trusting us, much appreciated!

We would like to inform you that If you want to know if your employer is exempted from the UAE Labor Law on end of service benefits, you can check with the Ministry of Human Resources and Emiratisation on this matter. We also note that the UAE Labor Law provides for the worker's entitlement to receive end of service benefits which is calculated as a wage of twenty-one days for each year of service from the first five years and thirty days of salary for each year more than those years and the end of service reward is calculated on the last basic salary after the exclusion of all allowances.
Here is the text of the UAE Labor Law, concerning your inquiry:
Article 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.

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إسأل Lawyer

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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