Job Discussion Forums

[Sweetlady]

I am resigning from a private school at the end of this school year. Can someone advise me what I am entitled to as far as gratuity is concerned. I have heard that up to 3 years of employment, you receive 14 days per year and after 3 years, 21 days per year. Am I entitled to July and August salary? Can the school stop me from working in the country for 6 months? I know I can't be banned, but the principal has said that, by law, she can stop me from working in the country but not entering the country.
Any help would be appreciated.

[stoth1972]

First of all, if you are completing your contract, then you can expect the gratuity, as well as the summer pay. In order for your employer to cancel your visa properly, they will have to pay you everything you are legally owed, and that should include your summer salary and approximately 3 weeks (it is 3, right, folks?) gratuity for the one year you worked there. Once you've received those funds, you will sign a paper acknowledging that you've received what you are legally owed. Do not sign the paper until you have the money. Some employers (like my last dodgey employer in Dubai) will try and get you to sign before you have the funds. Now, if you are leaving on poor terms, and the contract has not been fulfulled and/or you have not given them sufficient notice, then the school might be legally entitled to keeping some of that money owed. Chances are, though, they'll pay out the summer salary and gratuity w/o issue, since it's the end of the year, and you've presumably told them that you won't be returning in due time.

This law about banning changes often, but last I heard, automatic bans were issued to teachers (and many other professionals) unless you had a) a new contract offer and b) an agreement between old and new employer that your visa would be transferred between them, rather than cancelled.

Here's the other scenario that I faced when leaving:
A ban could also be lifted if, before the 6 month period ended, you received a letter of no objection from the old employer (who had already cancelled your visa). That letter would be presented to the new employer.

I'm under the impression that the ban is not placed by the school, but can be lifted/forgiven by the school. The ban, last I heard, was automatically placed when the visa was cancelled, and could only be avoided or eradicated in the ways above-mentioned. Like I mentioned, this has changed multiple times in the last 5 years. Perhaps someone who's faced the ban in the last year can pipe up.

One more thing: you will be able to enter the country during those six months as a visitor. I used the term "3 weeks" but I believe it is 15 working days. anyone else care to comment on how they calculate?

[veiledsentiments]

Shouldn't this be in her contract? That would be the first place that I would look to check the gratuity.

VS

[stoth1972]

It should be in there, VS. Employers can opt to be vague, since it's the law guarantees the gratuity (not the contract). My first employment experience in Sharjah had them playing around w/ 'three weeks', calculating it in a way that best suited the employer. If you don't know what you're legally entitled to, it's hard to know if the contract is legit.

I correct my previous statement about 15 days: It should be 21 days worth of pay for the first five years of employment. If you should work the 6th year, you are entitled to 30 days pay for each year (so 6 months of your leaving salary).

http://www.godubai.com/jobs/AR1.asp?article_id=2002/GTY%23157#16
This site has some common work legal questions answered.

[Sweetlady]

Thanks for everyone's input. I am planning to make a trip to the Ministries and try to get some clarification as no mention of gratuity or summer pay is mentioned in my contract. I trust no one right now, so I will not mention my name or what school I have resigned from when I visit the ministries. Thanks again.