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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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Am I entitled for the gratuity, annual leave pay...
Am I entitled for the gratuity, annual leave pay and annual leave plane ticket? My situation is like this, as per HR they told me to take unpaid annual leave for one month due to covid 19 and the leave has been ended on April 24, 2020. Now they are telling me to extend my unpaid leave for another month. I completed my one year on April 24, 2020 already. My contract with them is unlimited. I would like to seek for best advice and appropriate action for me to do. Thanks for your help!
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that if your inquiry related to obtaining the indemnity and flight ticket if you get an unpaid annual leave, here is the following information:
The UAE labor law stipulates that the worker is entitled to receive the end of service indemnity at the end of the service and not upon obtaining an annual leave. As for the flight ticket, the employment contract determines whether or not the worker has the right to obtain a flight ticket. The Labor Law has no text that regulates this matter. Also, there is no legal text binding on the worker in the necessity of approving the employer's request to obtain unpaid leave or the request to extend it.
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.
The UAE labor law stipulates that the worker is entitled to receive the end of service indemnity at the end of the service and not upon obtaining an annual leave. As for the flight ticket, the employment contract determines whether or not the worker has the right to obtain a flight ticket. The Labor Law has no text that regulates this matter. Also, there is no legal text binding on the worker in the necessity of approving the employer's request to obtain unpaid leave or the request to extend it.
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.
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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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