# Annual Leave Rights in Dubai



## Mo0nStaR21 (Jun 25, 2010)

Good Afternoon everyone.
I just had a question regarding my annual leave pay hope you guys can help. I've been working in a company for more than 2 years now. I finally got an increment of 500AED on April 2012. I had my annual leave scheduled for mid June. When they paid my annual leave salary they deducted my raise. (meaning they just paid my old salary). :boxing:
They said its a law to pay the same salary as 3 months prior. so basically they refused to pay me 500AED.

Can they do that?? Just for 15days less than 3months? Because I took my leave 2 and half months after my raise. 

Is there even such a law? :confused2:


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## rsinner (Feb 3, 2009)

Mo0nStaR21 said:


> Good Afternoon everyone.
> I just had a question regarding my annual leave pay hope you guys can help. I've been working in a company for more than 2 years now. I finally got an increment of 500AED on April 2012. I had my annual leave scheduled for mid June. When they paid my annual leave salary they deducted my raise. (meaning they just paid my old salary). :boxing:
> They said its a law to pay the same salary as 3 months prior. so basically they refused to pay me 500AED.
> 
> ...


They are just trying to fool you. No such law.


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## Mo0nStaR21 (Jun 25, 2010)

rsinner said:


> They are just trying to fool you. No such law.


so what is suggested to do?? :confused2:


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## pamela0810 (Apr 5, 2010)

I'm curious...what is an "annual leave salary"?


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## ynatt869 (Jan 23, 2012)

There is no such rule. Just ask where the rule is or ask them to give it in writing


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## BedouGirl (Sep 15, 2011)

Pam, according to the labor law, you are supposed to receive the month's salary when you go on leave. I didn't know this, until i took my first leave with my current employer. I had not long been paid and then I received my salary that would have been paid while I was away in my bank account and that was what it was. I think the logic of what this employer has done is that they have paid it at the rate that it was earned during OP's first year of employment as leave is taken a year in lieu.


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## rsinner (Feb 3, 2009)

This is what Article 78 of the Labour Law says:
The employee shall receive *his basic pay in addition to housing allowance*, if any for the annual leave days. 

Don't see anything which says it is the basic pay prevailing for the last 3 months etc. Check out the labour law for yourself http://www.deg.gov.ae/sitecollectionimages/content/pubdocs/uae_labour_law_eng.pdf

The employer is cheating you. You should try to talk some sense into them. However, if they don't agree, there is very little you can do. You can go complain in the Ministry of Labour, but for 500 Dhs I think its hardly worth it.


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## Mo0nStaR21 (Jun 25, 2010)

BedouGirl said:


> Pam, according to the labor law, you are supposed to receive the month's salary when you go on leave. I didn't know this, until i took my first leave with my current employer. I had not long been paid and then I received my salary that would have been paid while I was away in my bank account and that was what it was. I think the logic of what this employer has done is that they have paid it at the rate that it was earned during OP's first year of employment as leave is taken a year in lieu.


well basically what you just said does make a bit sense but then again... It kind of stupid to give someone an increment then decrease that amount again..I mean people count on their payroll and make plans... and i took my leave by the end of June whereas i completed my second year on the 1st of April.. they ended up making this 3 month drama only for exactly 10days difference...
I took my leave exactly 2months and 20days after my increment yet they said it was less than 3 months so the increment is not applicable for your leave... doesn't make sense to me...


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## Mo0nStaR21 (Jun 25, 2010)

rsinner said:


> This is what Article 78 of the Labour Law says:
> The employee shall receive *his basic pay in addition to housing allowance*, if any for the annual leave days.
> 
> Don't see anything which says it is the basic pay prevailing for the last 3 months etc. Check out the labour law for yourself http://www.deg.gov.ae/sitecollectionimages/content/pubdocs/uae_labour_law_eng.pdf
> ...


well technically i have no say in the labor law also cause i don't have a labor card.. I gave all the documents needed etc... they kept saying in process in process... its been almost 2yrs and half and i still dont have a labor card yet people who have joined like a month ago got their contracts/cards...
cuz i'm the more straightforward stand up for fairness rights type so i think they are trying to avoid making me legal just cuz they know i'll complain...

but yeh i guess 500 is not worth it.. but its not really about the 500 anymore i would've just forgotten bout it.. its basically bout them trying to fool me which im having a hard time accepting to look like a fool.. 

anyway what to do.. thank you for your helpful replies.. atleast i have something to get back to them ..


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## BedouGirl (Sep 15, 2011)

Mo0nStaR21 said:


> well technically i have no say in the labor law also cause i don't have a labor card.. I gave all the documents needed etc... they kept saying in process in process... its been almost 2yrs and half and i still dont have a labor card yet people who have joined like a month ago got their contracts/cards...
> cuz i'm the more straightforward stand up for fairness rights type so i think they are trying to avoid making me legal just cuz they know i'll complain...
> 
> but yeh i guess 500 is not worth it.. but its not really about the 500 anymore i would've just forgotten bout it.. its basically bout them trying to fool me which im having a hard time accepting to look like a fool..
> ...


If you have a visa stamped in your passport, then you have a labour card. When you are on an employment visa, you cannot have one without the other. Do you hold your passport or does the company? If you have the passport, then it could be that the company is holding your labour card. It's got nothing to do with 'making you legal'. You ARE legal, otherwise you would be working on a visit visa and doing visa runs - which is NOT legal. The one thing I would do, if I were you, would be to send an email to HR to record that you have never received your labour card because this may be an issue come the time of renewal if you are staying with the company or leaving if you resign at the end of your three-year visa.

As far as the money is concerned, while it may not be ethically correct, I think you may just end up causing yourself unnecessary grief by pursuing it. Pick your battles. You can get them on the labour card and win. You are unlikely to win the battle over the money.


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## Mo0nStaR21 (Jun 25, 2010)

BedouGirl said:


> If you have a visa stamped in your passport, then you have a labour card. When you are on an employment visa, you cannot have one without the other. Do you hold your passport or does the company? If you have the passport, then it could be that the company is holding your labour card. It's got nothing to do with 'making you legal'. You ARE legal, otherwise you would be working on a visit visa and doing visa runs - which is NOT legal. The one thing I would do, if I were you, would be to send an email to HR to record that you have never received your labour card because this may be an issue come the time of renewal if you are staying with the company or leaving if you resign at the end of your three-year visa.
> 
> As far as the money is concerned, while it may not be ethically correct, I think you may just end up causing yourself unnecessary grief by pursuing it. Pick your battles. You can get them on the labour card and win. You are unlikely to win the battle over the money.


*
does seem logical except... im on fathers visa not on company visa so yes it is possible not to have labor card... i never even signed anything but the so called offer letter... i am legal here..i was born here im more legal than the company itself haha but i meant like my labor rights..
i kept asking them bout my labor card in the beginning...but when you end up working in a company for more than 2 years... it would be a loss for me if i get the labor card processed now cuz in the labor office i would technically start from scratch... so this 2.5yrs would be going down the drain...so i dont know if it would be the right decision to go ahead with my labor card rather than the money cuz at this point its a loss for me eitherway...:confused2: 

*


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## Radioactive (Jun 15, 2012)

Wait, come again?

We're legally entitled to a months salary for annual leave? Never heard of this...been working here nearly five years for a pretty well known media company. We get the monetary equivalent to a round trip air ticket home, but nothing else...


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## BedouGirl (Sep 15, 2011)

Radioactive said:


> Wait, come again?
> 
> We're legally entitled to a months salary for annual leave? Never heard of this...been working here nearly five years for a pretty well known media company. We get the monetary equivalent to a round trip air ticket home, but nothing else...


Not an additional month. Just the pay for the month you are away.  You should receive it in conjunction with going on leave for a month. Incidentally, a leave ticket is not in the labour law, it's a perk.


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## BedouGirl (Sep 15, 2011)

Mo0nStaR21 said:


> does seem logical except... im on fathers visa not on company visa so yes it is possible not to have labor card... i never even signed anything but the so called offer letter... i am legal here..i was born here im more legal than the company itself haha but i meant like my labor rights..
> i kept asking them bout my labor card in the beginning...but when you end up working in a company for more than 2 years... it would be a loss for me if i get the labor card processed now cuz in the labor office i would technically start from scratch... so this 2.5yrs would be going down the drain...so i dont know if it would be the right decision to go ahead with my labor card rather than the money cuz at this point its a loss for me eitherway...:confused2:


Ah ok, understand now. It's up to you really. Do you want to stay with the company? Are you comfortable you will receive your gratuity for the time you have worked there? Incidentally, that has to be worked out on the most recent salary.


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## Mo0nStaR21 (Jun 25, 2010)

BedouGirl said:


> Ah ok, understand now. It's up to you really. Do you want to stay with the company? Are you comfortable you will receive your gratuity for the time you have worked there? Incidentally, that has to be worked out on the most recent salary.


*will the gratuity still be applicable to me even if i dont have labor contract?.. honestly i'm looking for a better opportunity but i'm kind of confused on my rights at this point because i'm getting bullied haha..*


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## rsinner (Feb 3, 2009)

Mo0nStaR21 said:


> *will the gratuity still be applicable to me even if i dont have labor contract?.. honestly i'm looking for a better opportunity but i'm kind of confused on my rights at this point because i'm getting bullied haha..*


Well, since you are illegally employed you are lucky that you are even getting paid. If you go to the Ministry of Labour with your complaint, you will be deported.


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## is200mine (Jul 23, 2012)

Does one need a labor card if he/she is sponsored by hubby/father? 

My sis works as a teacher and she is living here on her hubby's visa. I think for certain professions that can be done. Not sure if she still has to have a labor card or not though.


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## rsinner (Feb 3, 2009)

is200mine said:


> Does one need a labor card if he/she is sponsored by hubby/father?
> 
> My sis works as a teacher and she is living here on her hubby's visa. I think for certain professions that can be done. Not sure if she still has to have a labor card or not though.


There are two things - sponsorship and employment. The hubby/father sponsors you so the employer does not need to sponsor you. You can be employed for any profession (not just teacher etc) if your husband/father sponsors you.

However, to work legally, you should be registered with the MOL and you are given a labour card. So everyone needs one - I might be wrong, but I don't think so.


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## BedouGirl (Sep 15, 2011)

rsinner said:


> There are two things - sponsorship and employment. The hubby/father sponsors you so the employer does not need to sponsor you. You can be employed for any profession (not just teacher etc) if your husband/father sponsors you.
> 
> However, to work legally, you should be registered with the MOL and you are given a labour card. So everyone needs one - I might be wrong, but I don't think so.


You are right, well to the best of my knowledge anyway. And with the labour card comes the labour contract, which is what really stands up legally in terms of your employment.


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## BedouGirl (Sep 15, 2011)

rsinner said:


> Well, since you are illegally employed you are lucky that you are even getting paid. If you go to the Ministry of Labour with your complaint, you will be deported.


Do you think she will? I am not sure. She is on her father's sponsorship. If anything, her company would get into more trouble. She could claim ignorance. If they had an MoL inspection, they would be in heaps of trouble. I hope she isn't sitting at the reception.


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## rsinner (Feb 3, 2009)

BedouGirl said:


> Do you think she will? I am not sure. She is on her father's sponsorship. If anything, her company would get into more trouble. She could claim ignorance. If they had an MoL inspection, they would be in heaps of trouble. I hope she isn't sitting at the reception.


Well, my understanding is that the company faces a 50K AED fine per person and the illegal worker faces deportation. Of course, if there is wasta involved the results could be different.
Just did a quick google search, and while it deals more with housemaids, it refers to illegal workers as well
Dh50,000 fine for hiring illegal maids enforced - Emirates 24/7


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## BedouGirl (Sep 15, 2011)

This is also to stop the business of people buying visas. If I had been this young lady, I don't think I would have stayed with a company that did not provide me with the legal documents I required and I would also have kept a paper trail of follow-ups with HR to prove my case in case it was required. Anyway, it's all hindsight now....


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## Mo0nStaR21 (Jun 25, 2010)

rsinner said:


> Well, since you are illegally employed you are lucky that you are even getting paid. If you go to the Ministry of Labour with your complaint, you will be deported.


*well i dont think its my fault they havent processed my labor card.. i gave all my documents i was born and raised here i have no other home to be deported to.. its their problem not proc3essing it not mine right?? :s *


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## Mo0nStaR21 (Jun 25, 2010)

BedouGirl said:


> Do you think she will? I am not sure. She is on her father's sponsorship. If anything, her company would get into more trouble. She could claim ignorance. If they had an MoL inspection, they would be in heaps of trouble. I hope she isn't sitting at the reception.


*sadly, i am sitting at the reception but my job is not limited to the reception job which is my problem of being overused with no laborcard and salary drama haha..*


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## BedouGirl (Sep 15, 2011)

Mo0nStaR21 said:


> sadly, i am sitting at the reception but my job is not limited to the reception job which is my problem of being overused with no laborcard and salary drama haha..


I wasn't thinking of job content, more of your position physically in the office itself. No disrespect to your employer, but they aren't the sharpest tool in the shed to put an employee who is not legally employed on the 'frontline' so to speak are they? Incidentally, reception is a crucial job in the smooth running of the facilities and administration of a business.


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## XDoodlebugger (Jan 24, 2012)

Mo0nStaR21 said:


> *well i dont think its my fault they havent processed my labor card.. i gave all my documents i was born and raised here i have no other home to be deported to.. its their problem not proc3essing it not mine right?? :s *


Not sure they would have that much sympathy that you don't have a "home" to be deported to if your passport is not UAE.

I read not long ago of a person born here being deported to Thailand and he had no ties whatsoever to that country.

I would get the labor card thing straightened out and not worry about the 500!


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## Mo0nStaR21 (Jun 25, 2010)

XDoodlebugger said:


> Not sure they would have that much sympathy that you don't have a "home" to be deported to if your passport is not UAE.
> 
> I read not long ago of a person born here being deported to Thailand and he had no ties whatsoever to that country.
> 
> I would get the labor card thing straightened out and not worry about the 500!


*but my question is... the deporting thing is for people who come on visit visas/tourist visas and then work here n not get labor card probably those people would get deported... but im a resident here for 22 years is it really a rule that people like me would also get deported?? 

because now im kind of confused in what trouble i would be getting into if my company keeps saying its in process for the past 2 n half year..?*


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## BedouGirl (Sep 15, 2011)

Mo0nStaR21 said:


> but my question is... the deporting thing is for people who come on visit visas/tourist visas and then work here n not get labor card probably those people would get deported... but im a resident here for 22 years is it really a rule that people like me would also get deported??
> 
> because now im kind of confused in what trouble i would be getting into if my company keeps saying its in process for the past 2 n half year..?


It is the company's fault but it is likely you could also be penalized. Until now, you have viewed the fact that you don't have a labour card as being quite amusing. That can clearly be seen from reading your earlier posts. You clearly knew about it and didn't actively follow it up. Even when you did, you have no proof - i.e., written record, which would at least give your case some substance. Look, you are going on holiday. Take time to think about whether or not you want to stay with the company and pursue the path you make the decision on. If you decide to stay, then push the company to get your labour card. Be active and keep a record. If you don't want to stay, then find another job. You may not find that so easy at the moment and that could also make the decision for you.


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## Mo0nStaR21 (Jun 25, 2010)

BedouGirl said:


> It is the company's fault but it is likely you could also be penalized. Until now, you have viewed the fact that you don't have a labour card as being quite amusing. That can clearly be seen from reading your earlier posts. You clearly knew about it and didn't actively follow it up. Even when you did, you have no proof - i.e., written record, which would at least give your case some substance. Look, you are going on holiday. Take time to think about whether or not you want to stay with the company and pursue the path you make the decision on. If you decide to stay, then push the company to get your labour card. Be active and keep a record. If you don't want to stay, then find another job. You may not find that so easy at the moment and that could also make the decision for you.


its not a matter of finding it amusing. while i have provided all documents and followed up for a whole year about it... i dont think its fair to say im finding it amusing because if they want to end up giving me a labor card dated today its like im a new employee whereas its only 6 more months and technically i finish 3 years in this place. so even if it were you im sure you'd not be too excited to get a laborcard dated today and throw 2.5years of your experience and rights down the drain..

considering looking for a new job..thanks


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## Jynxgirl (Nov 27, 2009)

Since you dont technically work for them, you have no rights. You are lucky they even gave you a leave and any funds. They are just using a backdoor like many of the companies here do. They have to pay for visas, and with you, they are not having to. Because you allowed it to continue, they dont feel like they have to do anything. I would be surprised if you demanded it at this point, they would even do it. 

Stay with them or leave, your experience is what matters for your next position/job. Time in position per the uae government doesnt matter, as you are not from here so have no rights to retire based on time worked. And something tells me... that will NEVER change. If you like the position, try to ask for a labour card. But 2 1/2 years, might be time for a new position  Good luck!


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## BedouGirl (Sep 15, 2011)

Mo0nStaR21 said:


> its not a matter of finding it amusing. while i have provided all documents and followed up for a whole year about it... i dont think its fair to say im finding it amusing because if they want to end up giving me a labor card dated today its like im a new employee whereas its only 6 more months and technically i finish 3 years in this place. so even if it were you im sure you'd not be too excited to get a laborcard dated today and throw 2.5years of your experience and rights down the drain..
> 
> considering looking for a new job..thanks


If you read back on your posts, it doesn't really come across that you were taking this very seriously. I don't think any of us think this is fair. Anyway, what's done is done. I really hope you find a new and much better job and I sincerely hope you are paid your end of term benefits when you do. Have a great holiday and good luck with the job hunting when you come back.


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