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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.7%

Lawyer

My contract is 3years but i finish only 2years so...

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My contract is 3years but i finish only 2years so i can take also my graduity
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Im located in difc
Lawyer's Assistant: Has anything been filed or reported?
I asking if i have graduity also for my 2year or no
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
How

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إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 98%

In the event of a limited time contract, an employee who has spent one year or more in continuous service shall be entitled to an end of service gratuity upon the termination of his service.
The period of service and the gratuity shall be calculated as follows:

  • If an employee has served for less than 1 year, he is not entitled to any gratuity pay.
  • If an employee has served for more than 1 year but less than 5 years, he is entitled to full gratuity pay based on 21 days' salary for each year of work.
  • If an employee has served more than 5 years, he is entitled to full gratuity of 30 days' salary for each year of work following the first five years.

So you should get the gratuity since you passed 2 year's service.
In all cases, the total gratuity shall not exceed the wage of two years.
 

إجابة الخبير: Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

Lawyer

الأسئلة المجابة 16156 | نسبة الرضا 97.5%

As for our previous answer, it is mainly based on indefinite employment contracts,

However, although the contract is limited to 3 years and you have completed a period of two years without completing the contract period in full, and without the desire to terminate the work on your part, and therefore you do not have any rights related to the end of the service bonus, as the text of Article 138 of the UAE Labor Law :

If an employee under a contract with limited period leaves his work at his own option before the end of the contract period, he shall not be entitled to end of service gratuity unless the period of his continuous service exceeds five years.
Thats been said, to have the right to get gratuity you should have a continious service for more that 5 year's at least.


 

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Mohye Eldeen Rasheed

Mohye Eldeen Rasheed

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الأسئلة المجابة 16156 | نسبة الرضا 97.7%

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