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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
I have completed my contract for 2 years and was...
إجابة الخبير: 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 13
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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إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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