# End-Of-Service



## misskitten (Apr 13, 2013)

Before going through with the questions I'd like to know the answers, I'll first walk you on the fundamentals:

I was employed to a DMCC (FreeZone) company last August 2012 and had successfully completed my probationary period thus I am still with them up to present, not until last week that a number of us employees were given 'End-Of-Service' letters stating our last day of employment will be first week of May (next month).

The reason why the company decided to scale down it's operation was 'Lack of Business' as stated on letter and that our 'End of Service Settlement' will be conducted in accordance with the applicable UAE labor law.

Additional information:

- 3 months probationary period was stated on my Contract
- Limited Contract


Now the question, 

a. *will I be able to have my aggregate wage due for a period of three months plus my salary for the month of April?*

b.* Unused sick leaves?*

c. *Air ticket?*, even if I don't intend to fly back home. I will look for other companies to transfer to.

This are the questions bugging my mind as of now. I've been reading the UAE Labor Law (2007) but still wants to have it confirmed to experienced members of ExpatForum so I'll know what to expect when that day comes.

Thanks in Advance.


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## fcjb1970 (Apr 30, 2010)

misskitten said:


> Before going through with the questions I'd like to know the answers, I'll first walk you on the fundamentals:
> 
> I was employed to a DMCC (FreeZone) company last August 2012 and had successfully completed my probationary period thus I am still with them up to present, not until last week that a number of us employees were given 'End-Of-Service' letters stating our last day of employment will be first week of May (next month).
> 
> ...


a. If you are in fact on a limited contract, they should be required to pay three months or the remainder of the contract whichever is shorter.

b. They will not pay you sick time, you are entitled to any vacation you have accrued.

c. As per labor law, when you are terminated the company is required to give you a one way ticket home. So you can force them to buy it for you. I did this and just kept changing the date until I used it.


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## misskitten (Apr 13, 2013)

Yes, I'm on a limited contract as start and end dates are shown on my Contract Copy. Does this mean that I will be receiving a total of 4 months then, including my monthly salary for April? 

Just in case they the Company doesn't meet their end for the "End-of-Service" due payment, can I including the other employees ask the Company that we do signings for the settlement @ the DMCC office?

Thanks again.


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## BedouGirl (Sep 15, 2011)

Actually I found out the other day that the labour law does not state you are entitled to a repatriation ticket. It states the company should give you one if you can't afford it. If, however your letter of appointment states you will get one, then yes you are entitled to it.


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## misskitten (Apr 13, 2013)

BedouGirl said:


> Actually I found out the other day that the labour law does not state you are entitled to a repatriation ticket. It states the company should give you one if you can't afford it. If, however your letter of appointment states you will get one, then yes you are entitled to it.


Thanks for the reply BedouGirl, I'm hoping for this even if I'll not be leaving UAE as I'm to find other company to transfer to.


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## The.Unwritten (Apr 13, 2013)

Hi, 

(1) as per the UAE labor law, article (115)* If the employer has terminated an employment contract with a limited period, for reasons other than those provided for under Article (120) hereof, employee becomes liable for payment of compensation to the employee against damages sustained by him, provided that the sum of compensation in all events, may not exceed the total pay due to him for a period of *three months or for the remaining period of contract whichever is shorter*, unless the terms of the contract provide otherwise.

(2) - Regarding your sick leave of course you're not going to get paid for the unused sick leave... actually as an HR person that question made me smile, you really dont want to give them the pleasure of answering your question  

(3) - after processing your visa cancellation application and receiving your cancellation papers plus cancellation stamp on passport, you have the right to stay 28 days (upon date mentioned on the papers), as a chance for you to find another job otherwise you need to exit the country or their will be an absconding issued against you.. if you are not willing to stay for 28 days you can request your employer to issue a one way ticket to your home country only. be aware that your passport will be given to you at the airport. (for security purposes).

remember, if you find a new job you dont need to exit the country and come back, your new employer can do a "local amendment" for your employment entry permit application.

if there's anything unclear feel free to message me. 

Cheers, 
N


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## misskitten (Apr 13, 2013)

Thanks, The.Unwritten. Then I suppose item (1) on your post is applicable to both freezone (DMCC) and UAE employments. Not that I wanted to sound dumb mentioning that but I just would like it to be crystal just in case our Company's HR wanted to twist those written facts in front of our faces. You know how some of them do those kinds of tricks acting like they know everything related to labor law that they don't even want you to speak anything of it. 

Then 3 months then from the UAE Labor Code plus the month of April totalling of 4 months, Would that be correct?

Thanks again.


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## fcjb1970 (Apr 30, 2010)

BedouGirl said:


> Actually I found out the other day that the labour law does not state you are entitled to a repatriation ticket. It states the company should give you one if you can't afford it. If, however your letter of appointment states you will get one, then yes you are entitled to it.


_
Expenses for repatriation of an employee to his place of origin or any other place agreed 
upon by both parties shall be *borne by the employer*. If the employee after the end of his 
contract takes up employment somewhere else, repatriation expenses upon termination 
of his service shall be paid by the last employer subject to the provisions in the 
preceding clauses, and if the employer has failed to repatriate the employee and has not 
paid the repatriation expenses, the competent authorities shall do this at the employer's 
expense by way of attachment. If the cause for termination of contract is attributed to 
the employee, his repatriation will be arranged at his own expense if he has the mean to 
pay. _

_In application of the provisions stated in the preceding clause, *the expenses of 
employer's repatriation shall mean the cost of his travel ticket *and whatever is 
provided for in the employment contract or in the bylaws of the Establishment, 
such as the employee's entitlement to travel tickets for his family and costs for 
shipment of his luggage. _


That certainly reads to me that the employer is required to give you at minimum a repatriation ticket, plus anything additional as stipulated in the contract.


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## BedouGirl (Sep 15, 2011)

I was looking at LL in the office. Will have another look today. Am pretty sure that's what it says.


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## fcjb1970 (Apr 30, 2010)

BedouGirl said:


> I was looking at LL in the office. Will have another look today. Am pretty sure that's what it says.


That is cut and paste from Article 131


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## misskitten (Apr 13, 2013)

misskitten said:


> Thanks, The.Unwritten. Then I suppose item (1) on your post is applicable to both freezone (DMCC) and UAE employments. Not that I wanted to sound dumb mentioning that but I just would like it to be crystal just in case our Company's HR wanted to twist those written facts in front of our faces. You know how some of them do those kinds of tricks acting like they know everything related to labor law that they don't even want you to speak anything of it.
> 
> Then 3 months then from the UAE Labor Code plus the month of April totalling of 4 months, Would that be correct?
> 
> Thanks again.


Thanks to both your feedback on this. Kindly read at the quoted lines above and give me your insights.

TIA.


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## BedouGirl (Sep 15, 2011)

fcjb1970 said:


> That is cut and paste from Article 131


I know it is, which is why I checked today and this is the current situation (please bear in mind the LL changes and the book is not updated). If you resign, your employer is not legally bound to give you a repatriation ticket UNLESS it is specified in your letter of appointment. If your employer terminates you, then your employer is bound to give you a repatriation ticket. This is from a PRO this very morning. 

Knowing the UAE, however, this could change tomorrow morning .

Miss Kitten, whatever it is, good luck with all of this.


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## misskitten (Apr 13, 2013)

Thank you for the feedback BedouGirl, It's in my Letter of Appointment and hoping that I'll get that too.

Getting back on my previous post regarding the 3 months payment as stated in the Labor Law, does that 3 months include my pay for this month or it will be 4-months total (3 months as stated in Labor Code + 1 month salary for the month of April)?


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## rsinner (Feb 3, 2009)

misskitten said:


> Thank you for the feedback BedouGirl, It's in my Letter of Appointment and hoping that I'll get that too.
> 
> Getting back on my previous post regarding the 3 months payment as stated in the Labor Law, does that 3 months include my pay for this month or it will be 4-months total (3 months as stated in Labor Code + 1 month salary for the month of April)?


I would think that this would be 1 month + 3 months, but not so sure.


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## misskitten (Apr 13, 2013)

BTW, Is 2007 the most recent release of the UAE Labor Law released to public?


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## vantage (May 10, 2012)

misskitten said:


> Thank you for the feedback BedouGirl, It's in my Letter of Appointment and hoping that I'll get that too.
> 
> Getting back on my previous post regarding the 3 months payment as stated in the Labor Law, does that 3 months include my pay for this month or it will be 4-months total (3 months as stated in Labor Code + 1 month salary for the month of April)?


is it not sim[ply three months from date of service of notice?


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## BedouGirl (Sep 15, 2011)

The problem is that book is updated by various addendums but the book is not republished. The only way to know your true entitlements is to call the MoL and go through everything with them on the telephone.


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## dohaes (Jun 27, 2013)

*still unclear...*

Hi Unwritten,

I was hoping you could clarify something from the article 115 quoted below... it says "total pay due to him" - is this basic salary or total salary? As many others here in the UAE, I receive a total monthly compensation whereby the basic salary is a part of it and then the housing, travel etc. allowances are included each month. Is the 3 months of compensation based on the total salary paid each month or only the basic salary??

Thanks for your help!



The.Unwritten said:


> Hi,
> 
> (1) as per the UAE labor law, article (115)* If the employer has terminated an employment contract with a limited period, for reasons other than those provided for under Article (120) hereof, employee becomes liable for payment of compensation to the employee against damages sustained by him, provided that the sum of compensation in all events, may not exceed the total pay due to him for a period of *three months or for the remaining period of contract whichever is shorter*, unless the terms of the contract provide otherwise.


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