إسأل Lawyer الآن

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Good morning, We would like advice on our...

تم تقييم هذه الإجابة:
Good morning, We would like advice on our settlement contract. We are leaving our current school after 2 years of service. My husband and I along with 15 other member of staff have asked on many occasions for answers regarding our pay. We have been given conflicting advice from the same person. We all worked in August 2017 for no pay and brought this up with HR who indicated very strongly that we were owed this money. Since then we were asked to sign a settlement contract that would waiver any outstanding payment due to us. I also have not been given my flight allowance, the only member of staff to not receive it, again if I had signed I would not have been given this. As a group we sent the head of HR an email asking if he could see us all to clarify the conflicting information that we have been given. He sent back an aggressive email accusing us of collective bargaining. We really are at a loss as we understand that we need to sign a settlement agreement by 14 th June as that is when payroll is finalised. Thank you, Rebecca and Richard

إطرح سؤالك

الرد من العميل

Just checking that you received my question. Thank you

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 your employer wants to sign any settlement, you must take some time to review that settlement before you sign it.

Here is the following legal information:
- The UAE Labor Law grants the worker the right to receive end of service benefits if he ends the employment contract legally. The end of service benefit is calculated at twenty one days' wages for each year of service.

- The worker whose service ends legally is entitled to receive the value of airline tickets if the worker decides to return to his country and not to stay in the UAE after the end of the employment contract
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.

 

If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,

الرد من العميل

Thank you. What about the money they owe us from August 2017.I have in an email that have assured us they should pay us and we have given evidence of our work. The fact that they gave us a contract to sign 2days later waiving this worries us. What about the accusation of us collectively bargaining?Yes you are correct about us being wary of us signing an agreement but how do we go about getting them to change it with the above response.Thank you

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,
Welcome again!

If your employer does not pay your dues in full, you must file a complaint with the Ministry of Human Resources and Settlement. As for your accusation of bargaining, do not worry about this as long as you already have financial benefits at the employer.

You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Accept our respect and appreciation.
Kind Regards,

الرد من العميل

Thank you.

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear customer
welcome again
I was happy to receive your reply and reply
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Accept our respect and appreciation.
Kind Regards,

إسأل Lawyer

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار