I have 3 year and 8 month finesh and he want to...

We would like to inform you that in order to be able to obtain the full end of service gratuity, the employment contract shall be legally terminated by the worker. Whereas, if a worker who is associated with a definite contract leaves his work of his own choosing before the end of the contract term, he is not entitled to the indemnity prescribed for the end of service unless his continuous service period has exceeded five years.  Here is the text of the UAE Labor Law related to your inquiry:

 

Article 137

Where a worker under an indefinite term contract abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance pay if his continuous service exceeds three years up to five years, and to the full severance pay if it exceeds five years.

 

Article 138

Where a worker under a definite term contract abandons his employment at his own initiative before the expiry of his contract period, he shall not be entitled to severance pay unless his continuous period of service exceeds five years.

 

Article 139

A worker shall forfeit entitlement to his entire severance pay in any of the following two cases:

1. If he is dismissed from service for any of the reasons specified in Article 120

hereof or if he abandons his employment in order to avoid being dismissed in accordance with that Article.

2. If he abandons his employment of his own accord, otherwise than in either of the two cases specified in Article 121 hereof, without notice (in the case of indefinite term contracts) or before completing five years of continuous service (in case of definite term contracts).