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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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Hi!good morning i just recently went for emergency...
Hi!good morning i just recently went for emergency leave like dec 5 to dec 28, 2019, and back to work dec 29, 2019. And my boss told last January 4, 2020 that my leave last dec is without pay. I started my to her nov 2018 but my visa has been pasted april 2019 am i not illigible of my annual leave?i work as service client clerk to her company. Then i decided to render my resignation January 6, 2019 do i need to go for 1 month to guve all my works?can i still get my leave pay?please help me
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?
No
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that according to the UAE Labor Law, leaves are one of the worker’s rights . 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.
So if the employer was arbitrary in granting you leave without legal reason, then you can file a complaint in the labor office and explain the details, and you can leave the work without compensation but you have to prove the complaint or you have to pay compensation to the employer as below article states:
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Article 117
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one
year.
• One month: if the worker has been employed for not less than five
years.
Article 118
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article 119
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as
a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of
monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
In the event that you are an expatriate in the UAE and would like to inquire about the status of the visa and check it electronically and know that there is a travel ban in the UAE, you can enter this link and inquire about the aunt (Visa Query)
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.
So if the employer was arbitrary in granting you leave without legal reason, then you can file a complaint in the labor office and explain the details, and you can leave the work without compensation but you have to prove the complaint or you have to pay compensation to the employer as below article states:
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
Article 117
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one
year.
• One month: if the worker has been employed for not less than five
years.
Article 118
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
Article 119
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as
a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of
monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
In the event that you are an expatriate in the UAE and would like to inquire about the status of the visa and check it electronically and know that there is a travel ban in the UAE, you can enter this link and inquire about the aunt (Visa Query)
الرد من العميل
Am I in tittle for immediate resignation?what if im not going to serve the one month notice do i bridge any contract im under unlimited contract
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
There is no immediate resignation in the law as long as the employer did not wish to do so and the work is ended directly so the matter is regulated by law and it is giving the employer a notice period according to what was explained to you in the previous answer, otherwise he had the right to legally prohibit you and demand your compensation, so a friendly settlement is the best solution
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Waleed Al-Helo
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الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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