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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I have a problem I resigned and the gratuity they...

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I have a problem I resigned and the gratuity they trying to pay me is less than what I'm owe based on the law

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الرد من العميل

Ohkay is it possible for you contact me via fone call cause it will be difficult to explain via text

الرد من العميل

Ohkay thank you

الرد من العميل

Do you have a contact number

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that the UAE Labor Law has granted an end of service benefit to the worker who has spent a year of continuous service to an employer which is calculated on the final basic salary after excluding all allowances such as rent allowance, children's education allowance and any other allowances.
And that the end of the service benefit is calculated as twenty-one days for each year of the first five years.
If the employer refuses to pay the end of service gratuity in full, the worker can file a complaint with the Ministry of Human Resources and Emiratisation.
Here is the text of the UAE Labor Law relating 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 here of 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.

الرد من العميل

I have worked for 4years and served one month notice period which they then deducted the notice period because the business was closed down for few months and during that they paid a monthly salary so now they deducted a month's salary for 30 days which they say I owe the company for being at home due to them closing the business and paying me

الرد من العميل

الرد من العميل

الرد من العميل

I would like to know if I'm entitled to 21 days for each year of service for all 4 years which I have served of is the calculations different if it's under 5 years

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If the service period is less than five years, you are entitled to receive an end of service bonus
Which is calculated at the rate of twenty-one days for each of the four years.

الرد من العميل

Thank you very lmuch cause my company told me they working at a rate of gratuity of only paying me 14 days per year under 4 years

الرد من العميل

So if I can't get this sorted out who can I talk to

الرد من العميل

I meant to say under 5 years they working at the rate of 14 days per year and not 21 days per year for gratuity

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If the service period is less than five years, you are entitled to receive an end of service bonus
Which is calculated at the rate of twenty-one days for each of the four years.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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