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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
The employee had been on unpaid leave for the...
The employee had been on unpaid leave for the month of March. As per the law we are entitle for 2 days paid leave per month. Is the employee entitled to the 2 days of paid leave for the Month of March, as she was on unpaid leave during that month?
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 UAE labour law regulating the nature of the contractual relationship between the worker and the employer in relation to the leave, it stipulates the following:
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.
Article (77)
The period of annual leave shall be included in the holidays determined by law or agreement or any other periods due to sickness, Part of it. This is the only case.
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.
Therefore, the worker has the right to receive the allowance and if it is not obtained, he may postpone it for the next year or receive the cash allowance. Moreover, it is not permissible to collect the vacations for more than two years. The employer must grant the employee a permit or a monetary allowance if the employee is not granted any leave.
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.
Article (77)
The period of annual leave shall be included in the holidays determined by law or agreement or any other periods due to sickness, Part of it. This is the only case.
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.
Therefore, the worker has the right to receive the allowance and if it is not obtained, he may postpone it for the next year or receive the cash allowance. Moreover, it is not permissible to collect the vacations for more than two years. The employer must grant the employee a permit or a monetary allowance if the employee is not granted any leave.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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