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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

I need to meet a labour lawyer

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I need to meet a labour lawyer
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Need clarity on few things for my company as per labour law

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الرد من العميل

I need to know if I dont take my leave of Publ8c holiday in my company and we get compensation off. But if I resign and have not taken the comp off does the company have to pay me for the comp off. Also if yes they have to pay will they pay per day as gross salary or only as per basic salary

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the UAE Labor Law, you can get holiday or allowance if it was delayed. As the law states the below in regards with leaves:
Article 75
A worker shall, for each year of service, be entitled to an annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six months but less than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Article 76
The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. However, the leave division provision shall not apply to leaves of child workers.
Article 77
Holidays stipulated by Law or by agreement, and any other days of leave on account of sickness, falling within an annual leave shall be considered as an integral part thereof.
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.
Article (79)
The worker is entitled for the salary of the annual leave which he did not receive if he has been terminated from the job, or he left the job after the notification period stipulated in the in the law. The indemnity shall be calculated on the bases of the wage of obtained during the leave.
Article (80)
Before a worker goes on annual leave, his employer shall pay him the full wage due to him plus the leave pay prescribed for him under this Law.
Article (81)
The worker may not waive his entitlement to the annual leave and any agreement to the contrary shall be void.
The worker shall be entitled to payment in lieu of his annual leave equivalent to his wage for the leave days to which he is entitled if the contract is terminated for any reason before the worker takes his leave.
Article 82
A worker who contracts an illness that is not a work-related injury shall report his illness within a maximum of two days; the employer shall thereupon take the necessary measures to have him medically examined immediately for the purpose of verifying his illness.
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الرد من العميل

My question is on compensatory off payment if the staff does not take off on public holiday

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again!
The employer shall be obliged to pay compensation for the leave allowance in cash to the worker if his service is terminated
Compensation shall be calculated according to the last wage paid by the worker
Note that according to the law, you may not accumulate leave for more than two years or you will lose the right for periods after that
So you have the right to request a cash return for the period that did not get the leave and not exceeding the compilation of more than two years
Kind Regards,

الرد من العميل

The compensation is paid on basic or gross and also does the 2 year rule imply on all the leaves like annual vacation, compensatory off extra

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again!
Payment is made on the gross salary, which is the last wage you receive. And about the two-year rule is applies to annual leave only.
Kind Regards,

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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