As i have an unlimited contract of 3 years,what the benefits i will get if i get terminated by employer? Is there anything else than gratuity?
Also if i resign,still i will be entitled for the benefits and gratuity?
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- freeneasy1
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freeneasy1 wrote:As i have an unlimited contract of 3 years,what the benefits i will get if i get terminated by employer? Is there anything else than gratuity?
Also if i resign,still i will be entitled for the benefits and gratuity?
depends how far you are into the contract. benefits are calculated according to the legnth of service which you have with the employer (from the date on your labour card).
there is a gratuity calculation i posted somewhere in one of the above threads
- dbxsoul
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Thanks for quick reply DbxSoul.If i resign myself, will i be able to get my benefits?I spent almost 2 years and 8 months with my employer.Also can i ask for an air ticket if i resign from my job?
- freeneasy1
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freeneasy1 wrote:Thanks for quick reply DbxSoul.If i resign myself, will i be able to get my benefits?I spent almost 2 years and 8 months with my employer.Also can i ask for an air ticket if i resign from my job?
you would be entitled to your gratuity (as per the law), i'll see if i can find the calculation and post it here. return ticket in your case is at the dicression of the employer. you should also be entitled to a pro-rata payment of any accumilated leave due to you
- dbxsoul
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It depends on the type of contract you have, if you have a 2 year LIMITED/ FIXED TERM contract then, yes you would be entitled to the gratuity at the end of the contract.
If you are employed on an UNLIMITED contract then you would only receive a small portion of your gratuity as per the regulations governing the payment of gratuities, and after 2 years service this would not amount to very much.
Severance 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.
And also
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.
what this means is that if you earn 10,000 per month (basic salary - as gratuity is not calculated on allowances paid to you).
10,000 * 12 / 365 * 21 = 6904 AED for each full year of service and pro-rate for your third year.
in your case 6904 + 6904 + (approx) 4602 = 18410 AED
BUT because of Article 137 (as you have not yet worked more than 3 years) the law only provides for you to be paid a third!!!
or 6136 AED
yes, it sucks ... but there it is
sorry the calculations were doen quiet quickly, so i would suggest that your check them before substituting your own basic salary
- dbxsoul
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- freeneasy1
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If I want to terminate my unlimited staff who didn't turn up for work for 4 days ..and she work for less then a year how much should I pay her
- a1a92n3
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Well you cannot terminate them for simply not being absent from work for 4 days. I believe the rule is 7 consecutive days before you can terminate them under that clause.
If she is within her probation period you can terminate her without benefits.
If she has worked her probation period, you have to, by law, give her a 30 days notice period, or pay her out the 30 days (and ask her not to come back to work).
It is only with a limited term contract that there is a fixed (basically 6 week salary) that needs to be paid by the person breaking the contract before the end of its term.
--- Thu Jul 17, 2014 8:40 am ---
I checked the above, it is 7 consecutive days or 20 non-consecutive days (in one year): Article 120 (j) of the Labour Law
If she is within her probation period you can terminate her without benefits.
If she has worked her probation period, you have to, by law, give her a 30 days notice period, or pay her out the 30 days (and ask her not to come back to work).
It is only with a limited term contract that there is a fixed (basically 6 week salary) that needs to be paid by the person breaking the contract before the end of its term.
--- Thu Jul 17, 2014 8:40 am ---
I checked the above, it is 7 consecutive days or 20 non-consecutive days (in one year): Article 120 (j) of the Labour Law
- dbxsoul
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Is the employee eligible to get his 30days termination salary if he has replied to an email in blaming against the management?
- herman85
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I'm not quite sure what you are trying to say, but firstly there is no such thing as 30 days termination salary.
Under an unlimited contract
The process is the employer or the employee gives the other 30 days notice of termination, the employee either works out the 30 day period or the employer waives this requests him/ her to leave immediately, for which they need to pay the employee the one months salary.
Under a limited term contract
If either party wishes to break the contract early they have to pay the other party the equivalent of 6 weeks salary.
Under an unlimited contract
The process is the employer or the employee gives the other 30 days notice of termination, the employee either works out the 30 day period or the employer waives this requests him/ her to leave immediately, for which they need to pay the employee the one months salary.
Under a limited term contract
If either party wishes to break the contract early they have to pay the other party the equivalent of 6 weeks salary.
- dbxsoul
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The post is indeed very informative. But, I believe before moving on to the last stage i.e. Termination we must get to know what are the cases behind Termination. Why a employer feels a need to terminate an employee?
To what i believe and what the Industry Professionals say about this, low passion towards work is the main reason which then leads to termination. Now this brings severe question, Why the employer has less interest towards the work. May be because of wrong career choice. This brings us to the conclusion that Parents, Teachers and Colleges must create some interactive sessions with students before letting them to choose the career. In this regard, high responsibility lies at the shoulders of Instructors to check each student's interest and guide them accordingly.
To what i believe and what the Industry Professionals say about this, low passion towards work is the main reason which then leads to termination. Now this brings severe question, Why the employer has less interest towards the work. May be because of wrong career choice. This brings us to the conclusion that Parents, Teachers and Colleges must create some interactive sessions with students before letting them to choose the career. In this regard, high responsibility lies at the shoulders of Instructors to check each student's interest and guide them accordingly.
- kiwistech
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