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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Hello attorney, i just want to ask about my...

تم تقييم هذه الإجابة:
Hello attorney, i just want to ask about my benifits that i can receive from my company, i am working here in uae as waiter and cashier and in my contract signed i have two years to finish and i belong to limited contract. I just want to know since the company closed already for a week but before that they didnot informed us that they will going to close only in just one call away from the manager on last 1st of september saying that it was already our last day in work. So, by this situation i want to know what are the benifits that i can receive since my contract will finish next year of August 2021. Thank you so much in advance for the answer attorney.

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that regarding the end of service benefits, You are entitled to the first 5-year of service wage of 21 days, and what is more that the that you are entitled to thirty days' wage. In any case, it shall not exceed the benefit of two years.

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.

الرد من العميل

I finished already my 1 year contract attorney, and we were closed already last 1st of this month are we still entitled to receive our full month salary this month? Even they didnot inform us to close ahead of the time? And are visa is not yet cancelled. Thank you.

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

If your work is not officially terminated, then you are entitled to the salary, given that the labor relationship is still in place between you and the employer.
 

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

If you file a complaint with the Labor Office, the employer will give you the passport

الرد من العميل

Thank you for the answer attorney, and another question , during the pandemic of covid 19, we are in lockdown for 3 months and the company pay us half of our salary for every month of that 3 months and then this time when we ask about our annual leave they said we cant receive it anymore because they already gave us and that 3 months they gave is already consider as our annual leave as they said attorney is this correct in the law of uae?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

The unemployment period is not considered part of the annual leave, since the annual leave is fully paid without detraction and as long as they give you half of the salary, this is in implementation of the decision of the Ministry of Human Resources and does not include annual leave. Therefore, we advise you to file a complaint with the Labor Office through the following link:
Services | Ministry of Human Resources & Emiratisation

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 no case shall a worker be made to work during his annual leave more than once in two successive years.

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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