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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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I submitted a resignation letter on August 10 and...

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I submitted a resignation letter on August 10 and I finished on September 11. Until now, my settlement has not been given. they want to give a down payment and I have a free ticket and I had a 1 month salary last year that will not be given. what am I right to do?

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that If your employer fails to pay your financial dues, such as your salary, entitlements and termination letter, you can file a complaint with the Ministry of Human Resources and Emiratisation. The employer will be called in to investigate and hear him. The employer may agree to grant you all your rights in the same session or in the following session If the Labor Office fails in the event of an amicable problem, the complaint will be referred to the Labor Court until the judge makes a judgment obligating the employer to pay all of your financial dues.
The UAE labor law provides for multiple rights for a worker to obtain if he terminates the employment contract legally:
- Indemnity:
This is calculated as a twenty-one day wage for each of the first five years and a thirty-day wage for each year more than that.
The end-of-service gratuity is calculated on the last basic remuneration after excluding all allowances such as children's education allowance, housing allowance and any other allowances.
- Flight ticket:
It is the employer who is obliged to pay the airline ticket if the worker leaves the UAE after the expiry of the employment contract but if the worker does not leave the UAE, the employer is not obliged to pay for the airline tickets.
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.
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 hereof 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.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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