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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

My two years contract will be finish on 29 July...

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My two years contract will be finish on 29 July 2019 in UAE), after 15 months in my service my employer given me 2 months leaves (vacations) with no air ticket and no paid salary.Now I am leaving the job upon completion of contract. And my employer said I am not entitled to any paid salary or air ticket.Please guide me, should I go to Labour court
Lawyer's Assistant: Where are you located? It matters because laws vary by location
United Arab Emirates
Lawyer's Assistant: Has anything been filed or reported?
Not yet
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No

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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 that If the contract is legally terminated, the worker is entitled to the following:
- The end of service benefit, which is calculated as one twenty-one days of the last basic wage after excluding all allowances for each of the first five years and thirty days for each year more than that.
- Air tickets if the worker returns to his country and does not move to a new company inside the country
- If the employer does not pay the worker's wages, the worker can file a complaint with the Ministry of Human Resources and Emiratisation.
- Finally, if the worker terminated the employment contract illegally, he is not entitled to the end of service reward, unless he spent at least five years with the employer in the specified period
Here is the text of the EU Labor Law, which concerns 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.
Article 137
Where a worker under an indefinite term contract abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance pay if his continuous service exceeds three years up to five years, and to the full severance pay if it exceeds five years.
Article 138
Where a worker under a definite term contract abandons his employment at his own initiative before the expiry of his contract period, he shall not be entitled to severance pay unless his continuous period of service exceeds five years.
Article (139)
The worker shall be deprived of all service remuneration in one of the following two cases:
(A) If he is dismissed from service for one of the reasons set out in Article 120 of this Law, or to leave work to avoid dismissal in accordance with its provisions.
(B) If the work is left with a choice and without notice in the two cases provided for in the article
(121) of this Law for non-fixed-term contracts or before completing five years of continuous service for fixed-term contracts.

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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 The annual leave is paid leave. The worker must receive his salary for the period of leave before taking the leave. As for the flight ticket, this is due to the presence or absence of a text in the contract of employment. If the employer does not pay the salary, you can file a complaint with to the Ministry of Human Resources and Emiratization.
Here is the text of the UAE Labor Law, concerning your inquiry:
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 all cases, the worker may not be employed during his annual leave more than once during two consecutive years.

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,

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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