Ask the Law: Can I claim unpaid annual and maternity leave after resigning in UAE?

Question: I have been working for a private company for six years. Three years ago, I worked on a commission basis without a salary, with unpaid annual leave and unpaid maternity leave. Last year, I took maternity leave without pay. Six months ago, the company amended my internal contract, and I now have a monthly salary in addition to other labour rights. I have submitted my resignation from work. I would like to know how the end-of-service benefits are calculated, based on the previous employment contract or the current one? Do I also have the right to claim maternity leave benefits and annual leave benefits for a period of three years for the previous contract period? Please advise.

Answer: I would advise the questioner that:

All the labour rights will be calculated as per the latest labour contract. According to the law, the new contract will prevail with all the amendments it contains.

As for maternity, the female is entitled for it from the date of delivery until 60 days after, according to Article 30 of the Labour Law (The female worker shall be entitled to maternity leave of (60) sixty days, according to the following:

a. The first forty-five (45) days with full pay.

b. The following fifteen (15) days with half pay). Moreover, this right has its own and special circumstances, which means that you may file the case and leave the matter to the court to decide.

Regarding the annual leave, you have the right to take all the accrued days regardless of their duration, calculated on the basic salary, according to Article 29 of the Labour Law (The worker is entitled to receive wages for the days of the entitled rest days if he leaves the work before using it, regardless of their duration, in relation to the period for which he has not obtained his leave calculated on the basic salary)