Job Discussion Forums

Never Ceased To Be Amazed · Posted: Sun Jul 12, 2009 9:46 pm Post subject:

O.K. I'm not arguing here. I've re-read the thread and find the only mentioning of pro-rata in being that concerning the "relocation" (formerly known a "furnishing") allowance. It seems that everyone agrees that it should be pro-rated for early termination.

In my response, I mentioned how it is spelled out, kinda, in the contract, to which you remarked that it goes against labor laws...does it? I don't know about this. It would seem perfectly reasonable to me that the law would partially cover the loss of an employer who''s new employee throws in the towel after passing probation, but by the end of the first year.

Altho fully unfamiliar with the labor law regarding this specific issue, I would be quite surprised if it did go against the law.

Oops! I just googled and downloaded the UAE Labour Law, so will now have to argue. Article 133 clearly states:

A worker shall be entitled to severence pay for any fraction of a year he actually served, provided that he has completed one year of continuous service. (My bold and italics)
This is provided by GULFTALENT.com and is dated January 2007and can be obtained free of charge at: http://www.gulftalent.com/home/UAE-Labour-Law-Report-14.html.

Unless you can come up with a more recent, revised copy, seemingly, you are out of gas.

NCTBA

veiledsentiments · Joined: 20 Feb 2003 Posts: 17644 Location: USA

NCTBA... we started out talking about the pro-rata furniture allowance and then gratuities entered the mix. They too are pro-rated. (mine was pro-rated in both the UAE and Oman - based on number of months worked)

Tiberio had thought that even if you only work one year of the contract, you should get the gratuity.

Now you've added something else into the mix... severance pay... which may or may not include the gratuity. Laughing

But, it looks like my understanding might be correct... if one assumes that "severance pay" follows the same rule as gratuity.

VS

tiberio · Joined: 18 May 2006 Posts: 56

Well, with HCT being a "federal" institution, does the Labour Law apply to them? (Article 3 of the Labour Law exempts federal institutions).

As I mentioned earlier, I am not a legal scholar. And I didn't come here to argue neither, I dont care enough for this topic.

johnslat · Posted: Sun Jul 12, 2009 10:03 pm Post subject:

In Saudi, it was two years where I worked - but does that "one year of continuous service" include the holiday at the end of the year?
I can recall a few cases where even with the holiday included, the total didn't equal one year (i.e. 365 days), and that caused problems.

Never Ceased To Be Amazed · Posted: Sun Jul 12, 2009 10:34 pm Post subject:

veiledsentiments · Joined: 20 Feb 2003 Posts: 17644 Location: USA

If there is one thing we tend to be good at here... it is quibbling... Cool

Hopefully it has been useful for a few of the newbies who might get there, not like it all too much, and want to figure out how/when to leave with the most money...

VS

MrScaramanga · Joined: 12 Oct 2007 Posts: 221

HCT, UAEU, ZU (and a few others) are federal institutions. Therefore they are exempt from following UAE Labor Laws. Instead they write their own by-laws which they can decide to change whenever.

Check this link from the UAE Ministry of Labor:
http://www.mol.gov.ae/molinfo/showAttach.aspx?parent=0&refid=72
and particulary in "Definitions and General Provisions", article 3 below:

Article 3

The provisions of this Law shall not apply to the following categories:

a. a. Employees of the Federal Government and of governmental departments of the emirates of the Federation, employees of municipalities, other employees of federal and local public authorities and corporations, as well as employees who are recruited against federal and local governmental projects.

MrS

homeless vet · Joined: 01 Apr 2009 Posts: 80

Speaking as a bona fide legal scholar/lawyer, if you fail to complete the full term of the contract, it's best to assume the worst (i.e. that you'll get nothing and have to pay advances back). In doing so, you won't come out on the short end of the stick, and if they do agree to waive part of the advances back or pay the end of service gratuity, it will be extra money...and you won't be in the hole. Westerners need to remember that there are, in fact, debtor's prisons in many parts of the world, including the UAE, and never get themselves in a "hole" financially that they cannot cover with savings if need be.