Sep 12, 2008
Termination and contract type:
It depends on what type of contract you were employed under. If it’s a Limited Term Contract then yes, he is correct and you are ending the contract before its date of termination. This means you will have to pay your employer the equivalent of 1.5 months’ salary (based on your basic salary). If your employer had wanted to terminate your employment earlier he would have to pay you 1.5 months’ salary.
If you are on an Unlimited Contract you only have to give him 30 days notice, and the same applies to him. No penalties are incurred by either party.
The type of contract is stipulated on the actual Labour Department Contract document
Gratuity:
Limited contract workers:
Workers employed on Limited contracts who leave their employer before the end of the contact terms are not entitled to a gratuity payment, unless they have been employed for longer than 5 years, which is normally indicative of a contract that has been extended for over one term.
Unlimited contract workers:
If the employee leaves the employer of their own free will after successfully completing not less than one full year and not more than three they are entitled to a 1/3, for service of between 3 and 5 years 2/3, and after 5 years a full gratuity payment.
Example:
Unlimited contract
Basic salary of 10,000 per month
Worked for 4 years
= 10,000/30 days * 21 days = 7,000 per year worked
= 7,000 * 4 years = 28,000
= 28,000 * 2/3
= 18,666
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