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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Sir my name Narendra Kumar tiwari.i m work before...
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
if your employer refrains from paying your salaries owed to you, you may file a complaint at the Ministry of Human Resources and Emiratisation, which will investigate the complaint and transfer it to the Labor Court if the problem is not resolved amicably in order to issue a court ruling in favor of the worker obliging the employer to pay all the delayed salaries of the worker. The judge will not accept any evidence provided by the employer except:
- The worker acknowledgement that he received the salary.
- The worker shall sign a document stating that he received the salaries.
Here is the text of the UAE Labor Law regarding your inquiry:
Article 58
Evidence of payment to workers of their due wages, irrespective of their amount or nature, shall not be admissible unless it is in the form of documentary proof, admission or oath.. Any agreement to the contrary shall be null and void, albeit made prior to the date this Law comes into force.
الرد من العميل
Sir I'm joine sobha company 3 may 18/last dewti company is 23jau 20.so my dew mony is .Jan 23 day salary 1261.68 /my leave salary 1729 / gratuity payable 398.total 3388.68 darham dew . Sir pliz helf me.my Gmail . Narendar0136@gmail.com
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
The UAE labor law provides for multiple rights for a worker to obtain if he terminates the employment contract legally:
- Indemnity:
This is calculated as a twenty-one day wage for each of the first five years and a thirty-day wage for each year more than that.
The end-of-service gratuity is calculated on the last basic remuneration after excluding all allowances such as children's education allowance, housing allowance and any other allowances.
- Flight ticket:
It is the employer who is obliged to pay the airline ticket if the worker leaves the UAE after the expiry of the employment contract but if the worker does not leave the UAE, the employer is not obliged to pay for the airline tickets.
Here is the text of the UAE labor law related to 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.
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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