Ask Gulf News: Can a UAE manager claim company benefits after termination?
Court can enforce company policies that grant workers more beneficial rights
Question: I am a manager and my employment was terminated last month. According to the policy of the company and after termination, the manager’s annual salary dues will be calculated as per the total salary and the annual increase allowance will be included in the end of service calculation. But the company refuses to calculate my rights as per this policy on the grounds that these rights are not allowed by law. Can I claim these rights? Please advise
Answer: It is correct that, under Articles 29 and 51 of the Labor Law, a worker is entitled, upon termination of employment, to payment for accrued but unused annual leave, regardless of the duration of such leave, with the payment calculated based on the worker’s basic wage. Likewise, a worker who has completed one year or more of continuous service is entitled to end-of-service benefits, which are generally calculated based on the basic wage without any allowances.
But as a general rule, If the program or regulations (policy) of the company conflicts with the provisions of the labour law, the conditions more useful and beneficial for the worker shall be applied.
This is stipulated in Article 65/ 1 & 4 of the labor law, which states that (The rights stipulated herein shall represent the minimum rights for workers and the provisions hereof shall not prejudice any of the rights granted to the worker under any other legislation, agreement, acknowledgment, regulation or employment contract, which would grant the worker rights that are more useful than the rights established under the provisions hereof. The employer may develop and implement programmes or regulations at the establishment, which are more beneficial to the worker than what is prescribed under the provisions of this Decree-Law and its Implementing Regulation. If these programmes and regulations conflict with the provisions hereof, the conditions more useful and beneficial for the worker shall be applied.)
So, you have the right to claim these rights and leave the matter to the court to determine whether the policy is legally binding and whether its terms apply to your case.
