Some Legal Advice

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Some Legal Advice Oct 25, 2010
Hi all,

I hope I am posting this in the correct thread?!

I have a bit of a situation and need some advice. I have been made redundant on the 3 October 2010 and was given my 2 month notice period starting then and ending on the 2nd December 2010. During the 3 years working for the company I have accrued 30+ days unutilised leave days which to my knowledge should be paid. However, yesterday I was informed that the company "wishes" that I use up my leave days by not coming into the office for my last month of my notification period. Which I did not agree with. Now they want to "force" me to take it. Also, my employer mentioned on the day of my termination that he is aware of my leave days and will take it under consideration which now he denies. I was also told that, and I qoute "Other companies might do it differently but we do it like this". My termination letter also states that I get 2 months notification and that they are aware of my accrued leave.

My question is, am I entitiled to get paid those leave days? And, do I have to agree with their terms of being "forced" to take those leave days in my last month of my notification period? Do I have any legal rights?

Any advice would be greatly appreciated!

Thanks and best regards,

Andries

Andries
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Re: Some Legal Advice Oct 26, 2010
This is one for our resident authority (although he denies it), Bonk.

Go to the Department of Labour to find out exactly what you are entitled to. I am sure you are entitled to your accrued holiday pay, and definitely entitled to end of service gratuity. The company has to abide by the labor laws as set forth by the DOL, they cannot make up their own "law".

Good luck to you.
Bora Bora
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Re: Some Legal Advice Oct 26, 2010
Hi Bora Bora,

Thank you for the advice! Much appreciated!

I have been having a look at the Al Tamimi & Company UAE Labour Law document online and it states that all accrued leave should be paid. As for end of service gratuity, my contract states that it was included in my monthly salary. So I am not sure if I am entitled to it.

However, I have given my company an offer and will see what their response is. Otherwise I'll be visiting the Ministry of Labour and see what happens from there.

Thanks again for the info!
Andries
Dubai Forum Guest
Posts: 3

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