Ask the law: Dispute over end-of-service dues and leave
Employee seeks legal resolution in UAE employment
Question:
A questioner asks: I have been working in a private company for 5 years. Three (3) years ago, the company asked me to work for the company’s branch outside UAE, and I worked there for a year, after which I returned to work for the company in UAE again. Currently, I have submitted my resignation, but the employer refuses to give me my end-of-service dues for the period of one year during which I worked in the company’s branch outside UAE.
He also refuses to give me my entitlements for annual leave allowance for a period of 3 years. According to the employer’s statement, I am not entitled to end-of-service allowance for a period of one year. Considering that this service has nothing to do with the company’s branch in UAE. And as for vacation, I am entitled to only one year’s allowance. My question is: What is the position of the law on the employer’s behaviour and what are the legal procedures that must be followed to obtain my rights? Please advise.
Answer:
To answer such question, I would advise the questioner that:
You have to file a complaint in the labour department. If the matter is not settled amicably, you have to transfer the matter to the court. The employer, as per Article 12 of the labour law no. 33 of 2021, may assign the worker to undertake work not agreed upon in the employment contract, provided that the worker provides his consent in writing. You have to prove that the employer assigned you for such work.
You may use all tools of evidences included but not limited to the salary transfer, any written emails, documents… etc. because, the burden of proving what you claim falls on you.
Regarding the annual leave allowances, the employer shall grant you the annual leave regardless of the leave duration. This is stated in Article 29 of the same law, the employee shall be entitled to a wage for the accrued leave days if he quits the work before using them, regardless of the leave duration, with respect to the period for which he did not obtain his leave.
The employee shall also be entitled to receive leave wage for parts of the year in proportion to the period he spent in work and it shall be calculated according to the basic wage.
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