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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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Hi. I just want to ask about my gratuity. I work...

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Hi. I just want to ask about my gratuity. I work since 2014 as a driver in local family. Last year my contract will be finish in Sept. but I resign in July. I want to know if I can still get my gratuity and how can I get my gratuity and how to calculate?

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If there is no agreement between the employee and the employer to renew the contract, then the employer must give the worker the following rights:
End of service benefits, which is calculated on the basis of twenty-one days' salary for each year of service, and is calculated on the last basic wage after excluding all allowances.
Flight ticket.
In addition to that, the employer must then go to the general administration of residence and submit a request to cancel the worker's residence permit.
After that, the worker must, during the thirty days following the cancellation of the visa, either leave the Emirates or obtain a new job offer, and if the worker obtains a new work contract, he / she loses the right to obtain the value of airline flight tickets.
If the employer refuses to pay the worker’s financial rights, the worker can file a complaint with the Ministry of Human Resources and Emiratisation.
Here is the text of the UAE Labor Law, related to your inquiry:
Article 51
A foreign worker who works in a full-time manner and who has completed one year or more in
Continuous service End of service gratuity upon termination of his service, calculated according to the basic wage, on the
As follows:
A wage of (21) twenty-one days for each year of the first five years of service.
A wage of (30) thirty days for each year in excess of that. •
The foreign worker is entitled to a reward for parts of the year in proportion to what he spent at work, provided that he has completed
One year of continuous service.
The days of absence from work without pay are not included in the calculation of the length of service. •
Without prejudice to what is decided by legislation regarding the granting of pensions or retirement benefits to workers in some establishments,
The end-of-service gratuity is calculated according to the last basic wage that the worker was entitled to in relation to those who receive
their wages per month, per week, or per day, and according to the average daily wage stipulated in the provisions of this
Decree-Law for those who receive their wages by piece.
It is stipulated in the foregoing that the end-of-service gratuity for the foreign worker in its entirety does not exceed two years’ wages. •
The employer may deduct from the end-of-service gratuity, i.e. amounts due legally or by a court ruling,
In accordance with the conditions and procedures specified in the executive regulations of this Decree-Law.
The Council of Ministers, based on the Minister’s proposal and after coordination with the concerned authorities, approve other alternative systems to the
End of service gratuity, 

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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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