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Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
الرد من العميل
Good morning,I'm a housemaid, so I would like to ask if there's a chance I can get my gratuity from my employers. I've been working with for 4 years. I was cancelled already because the family we're leaving Dubai for good. Please advice me. Thanks
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Thanks for joining and trusting us, much appreciated
We would like to inform you that you will receive the end of service bonus, and you will receive the expenses of your return to your country. You must leave immediately upon the end of your residence visa or search for another job before the end of the visa to transfer your sponsorship to the new work. As long as the contract is of limited type, there is no notice period, as the notice period is in the unlimited contract according to the Labor Law.
Here are the texts of the articles relating to your inquiry according to the Federal Labor Law:
Article (131)
Upon expiry of contract, the employer shall bear the cost of the worker’s repatriation to his point of hire or to any other point that was mutually agreed upon. Where a worker joins another employer upon expiry of his contract, the latter shall bear the cost of the worker's repatriation at the end of his service.
Without prejudice to the foregoing, if the employer fails to return the worker or to pay his repatriation expenses, the competent authorities shall do so at the employer's expense and may then recover any expenditure incurred in this connection by attachment. Where the reason for the termination of the contract is attributable to the worker, his repatriation shall be at his own expense if he has the means to pay.
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 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
The worker shall be deprived of his end of service gratuity in the following two cases:
a - Should he be dismissed from service for any of the reasons set forth in Article 120 hereof or should he leave his employment in view of avoiding the dismissal there from in accordance with the said Article.
b - Should he leave his employment of his own accord , and without notice in cases other than the ones set forth in Article 121 hereof , and such with regards to contracts with undetermined term , or prior to the completion of five years of continuous service with regards to contracts with determined term
الرد من العميل
Ok, but when I ask my employer yesterday they said the law of graduity for housemaid was effective last 2 years ago. I was started to work with them 2016-2020.Now,they mention since it effective the law 2 years ago, they said they can compute only 2 years of my service instead of 4 years. And they can't give me my return ticket as because it say in the contract that my ticket should be only every 2 years.What should I do? How much should I receive from my graduity?Thank u!
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Thanks for joining and trusting us, much appreciated!
We would like to inform you that you may terminate the contract but only when it term has ended, as the UAE Domestic Workers law states that:
- The employment contract shall be considered terminated in any of the following cases:
- Its term has expired and it has not been renewed in accordance with the provisions of this law, its implementing bylaws and executing ministerial decrees.
- The death of the worker or when the worker becomes disabled while at and as a consequence of work. The disability and its extent shall be documented in a report from a competent medical authority. The employer shall bear the expenses of repatriating the remains of the deceased worker, or returning the disabled worker to his/her origin country.
- The employer’s death; however, the contract may be allowed to remain in force until its expiry date with the approval of the Ministry.
- The conviction of the worker of a felony or his receiving a freedom constraining court sentence for a felony of a misdemeanor.
- Agreement by both parties to terminate the contract.
- The worker reaching 60 years of age. The Minister shall determine the cases where service may be extended beyond this age.
- The worker exhausting his sick leave or lack of physical ability to work.
- The worker’s absence without an acceptable reason for 10 consecutive days or fifteen intermittent days during a contractual year
- It is established that one of the contracting parties violated his obligations under the law or the contract, in which case, the provisions of article (23) of this law shall apply.
- The employer shall settle all of the worker’s financial dues within 10 days of the contract termination date.
End Of Service Benefits
Article (26)
- A worker who has completed one or more years of continuous service shall be entitled to end of service indemnity at the end of his service and shall not enter the days of absence from work without pay in calculating the period of service. The remuneration shall be calculated on the basis of fourteen days' wages. The worker shall be paid the end of service benefits at the end of the contract and the bonus account shall be renewed by renewing the contract.
- The worker shall be entitled to a reward for the fractions of the last year by the percentage of his work, provided that he has completed one year of continuous service.
Article (27)
The worker shall be deprived of the end of service benefit if the contract of employment ends the unlawful interruption of work, or if the contract is terminated by the worker without a legitimate reason.
I would like to clarify to you that
Article 23 of the UAE assistance employment act stipulates that
Either the employer and the worker have the right to terminate the contract. If the contract is terminated by the employer, and for a reason not in the hands of the worker, the employer will be obliged to give a ticket for the worker's repatriation, in addition to paying a compensation equal to one month's wage and any other damages that the court may rule for.
In all cases of termination of work contracts, the Ministry shall have the power to give the worker a new work permit or not in accordance with t. The worker has the right to receive the benefits upon his/her finish. The benefits shall be renewed with the contract's renewal. he rules apply in this regard. Take into account the provisions in force in the country.
إسأل Attorney
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
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