I’m employed in a company in Dubai on a limited contract and have completed almost four years in service. Eight months ago, I was supposed to get an increment in my salary, but the company withheld the increment promising that it will be given to me every three months. There was no official written advice in this regard. Till date, the salary increment has not been given to me. My labour contract ends in January 2016. Do I have the right to ask for this amount when my contract ends? What legal procedures can I pursue to obtain the withheld amount? Secondly, can I ask my employer to compensate me for unused annual leave? Is annual leave calculated as per basic salary mentioned in the labour contract (prior to increment), or as per the current salary? Third, I would like to know if I am entitled to any gratuity upon completion of my limited contract in case I do not renew my contract, or if the company terminates the contract.
The questioner is entitled to claim all his salary increments upon the expiry of his contract and, in particular, his salary arrears, which he should have claimed as of one year from the due date. Also the questioner can claim for unused annual leave compensation for a maximum of two years. This amount shall be calculated on the basis of the last salary received, not the salary stated in the employment contract. The questioner can also claim for his end-of-service gratuity for the period of four years of service.
I live in Dubai. If an employee on probation falls sick, what rights does he/she have regarding paid sick leave? Is the employee entitled to such leave?
Article No 83 of Federal Law No (8) of 1980 states the following;
1. The worker shall not be entitled to any paid sick leave during the probation period.
2. If the worker has completed more than three months after the probation period in continuous service of the employer and falls ill, he shall be entitled to sick leave not exceeding 90 days, whether continuous or otherwise, in respect of every year of service.
Such leave shall be calculated as follows.
a. The first 15 days will full pay.
b. The next 30days, with half day.
c. Any subsequent periods, without pay.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
