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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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How can i take my gratuity in my first employer...

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How can i take my gratuity in my first employer finish contract

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If your inquiry related to the rights of the worker at the end of the legal contract period, the following information is available:
The UAE labor law has granted the worker the right to terminate an employment contract legally to obtain an end-of-service gratuity that is calculated at the rate of twenty one days for each year of service for each of the first five years and a salary of thirty days for each year exceeding that, and the employer must bear the value of airline tickets for the return of the worker to his country after the end of the work contract in addition to your right to recover the certificates deposited with the employer and also Obtain a certificate of experience about the period of your work with the current employer
If the employer refuses to pay your dues, you can file a complaint with the Ministry of Human Resources and Emiratisation.
Here is the text of the UAE Labor Law related to your business:
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.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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