إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Kindly, could you clarify your question in details so we could help you legally better with pleasure.
الرد من العميل
Hi
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Kindly, could you clarify your question in details so we could help you legally better with pleasure.
الرد من العميل
I have resigned and i have 87 pemding leaves.Will i get money for those pending leave. Kindly advise!
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that according to the UAE Domestic Law,Article (13)
1. The worker is entitled to annual leave of 30 days for each year, and shall be paid before the date of the employment. If the period of service is less than one year and more than six months, he shall be entitled to two days leave for each month. If the working conditions require that the worker be employed during all or some of his annual leave, and the period of leave during which he worked for the following year is not transferred, the employer must pay his wages plus A leave allowance for his working days is equal to his basic wage. In all cases, the worker may not be employed during his annual leave more than once during two consecutive years.
2. He shall enter into account the period of annual leave granted to the worker on the holidays prescribed by law, agreement or any other periods due to sickness if they interfere with such leave.
3. Subject to the provisions of Article (7) of this Law, in the case of renewing the employment contract, the worker may collect the accrued leave for more than two years and obtain it collected.
4. The employer shall bear the value of the worker's ticket to and return from his country every two years, or the cash allowance equal to the two-year pay for the worker, in addition to the value of the ticket if the worker shows his desire to continue the work and not to take the leave.
5. If the employment contract is terminated or has been terminated by one of its parties without the employee having obtained his annual leave, the worker is entitled to a monetary allowance equal to the number of days of leave due to him. The wage shall be calculated in his category at the time of the leave, unless the failure to obtain leave is due For the employer, the wage shall be calculated, in this case, by its category at the time of its expiry.
Therefore, if you deserve the leave then you can contact the employer and claim for leave by preparing report and sign it.
If you have another question, feel free to ask us and we will answer with pleasure.We would like to inform you that according to the Federal Labor Law which is applied in UAE including Freezone, for leaves and its allowances is calculated according to the basic salary if the work is terminated. However, if the worker is still under work then it calculates according to the total in addition to the allowances and increases. As below articles state:
Article 75
A worker shall, for each year of service, be entitled to an annual leave of not less than: 1. Two days a month, where the worker’s period of service is more than six months but less than one year. 2. 30 days a year, where the worker’s period of service is more than one year. Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Article 76
The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. However, the leave division provision shall not apply to leaves of child workers.
Article 77
Holidays stipulated by Law or by agreement, and any other days of leave on account of sickness, falling within an annual leave shall be considered as an integral part thereof.
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.
Article 79
A worker who is dismissed or who leaves his job after the period of notice prescribed by law shall be paid for any accrued annual leave days. Such payment shall be calculated on the basis of the worker’s wage as on the date when the leave became due.
Article 80
Before a worker goes on annual leave, his employer shall pay him the full wage due to him plus the leave pay prescribed for him under this Law.
Article 81
Where it is necessary for the work interest to put a worker on duty during public holidays or days off in respect of which he is entitled to full or partial pay, he shall be granted substitute leave in respect of such days, plus 50 per cent of his wage. If he is not granted substitute leave, his employer shall pay him 150 per cent of his basic wage in respect of the days worked.
Article 82
A worker who contracts an illness that is not a work-related injury shall report his illness within a maximum of two days; the employer shall thereupon take the necessary measures to have him medically examined immediately for the purpose of verifying his illness.
Therefore, you can file a complaint in the Labor Office which is specialized in the labor disputes to get the allowance of the leaves.
1. The worker is entitled to annual leave of 30 days for each year, and shall be paid before the date of the employment. If the period of service is less than one year and more than six months, he shall be entitled to two days leave for each month. If the working conditions require that the worker be employed during all or some of his annual leave, and the period of leave during which he worked for the following year is not transferred, the employer must pay his wages plus A leave allowance for his working days is equal to his basic wage. In all cases, the worker may not be employed during his annual leave more than once during two consecutive years.
2. He shall enter into account the period of annual leave granted to the worker on the holidays prescribed by law, agreement or any other periods due to sickness if they interfere with such leave.
3. Subject to the provisions of Article (7) of this Law, in the case of renewing the employment contract, the worker may collect the accrued leave for more than two years and obtain it collected.
4. The employer shall bear the value of the worker's ticket to and return from his country every two years, or the cash allowance equal to the two-year pay for the worker, in addition to the value of the ticket if the worker shows his desire to continue the work and not to take the leave.
5. If the employment contract is terminated or has been terminated by one of its parties without the employee having obtained his annual leave, the worker is entitled to a monetary allowance equal to the number of days of leave due to him. The wage shall be calculated in his category at the time of the leave, unless the failure to obtain leave is due For the employer, the wage shall be calculated, in this case, by its category at the time of its expiry.
Therefore, if you deserve the leave then you can contact the employer and claim for leave by preparing report and sign it.
If you have another question, feel free to ask us and we will answer with pleasure.We would like to inform you that according to the Federal Labor Law which is applied in UAE including Freezone, for leaves and its allowances is calculated according to the basic salary if the work is terminated. However, if the worker is still under work then it calculates according to the total in addition to the allowances and increases. As below articles state:
Article 75
A worker shall, for each year of service, be entitled to an annual leave of not less than: 1. Two days a month, where the worker’s period of service is more than six months but less than one year. 2. 30 days a year, where the worker’s period of service is more than one year. Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
Article 76
The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. However, the leave division provision shall not apply to leaves of child workers.
Article 77
Holidays stipulated by Law or by agreement, and any other days of leave on account of sickness, falling within an annual leave shall be considered as an integral part thereof.
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.
Article 79
A worker who is dismissed or who leaves his job after the period of notice prescribed by law shall be paid for any accrued annual leave days. Such payment shall be calculated on the basis of the worker’s wage as on the date when the leave became due.
Article 80
Before a worker goes on annual leave, his employer shall pay him the full wage due to him plus the leave pay prescribed for him under this Law.
Article 81
Where it is necessary for the work interest to put a worker on duty during public holidays or days off in respect of which he is entitled to full or partial pay, he shall be granted substitute leave in respect of such days, plus 50 per cent of his wage. If he is not granted substitute leave, his employer shall pay him 150 per cent of his basic wage in respect of the days worked.
Article 82
A worker who contracts an illness that is not a work-related injury shall report his illness within a maximum of two days; the employer shall thereupon take the necessary measures to have him medically examined immediately for the purpose of verifying his illness.
Therefore, you can file a complaint in the Labor Office which is specialized in the labor disputes to get the allowance of the leaves.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود