‘Will my company add accrued leave payment to my end-of-program settlement?’

I have a query regarding gratuity as I will be quitting my work soon. If I have annual leave times carried forward from last year that I was not able to have because my boss did not approve me taking period off, do I receives a commission for those days within my final settlement? SN, Abu Dhabi

The calculation of the end-of-service gratuity, which is dependant on the period of service and salary, is independent from the payment for just about any days of gross annual leave that contain been accrued however, not been taken.

The most common guidance is that if a worker has generated up an entitlement to days and nights of leave, payment for these days should be put into the final settlement that's due on leaving service. This includes salary, gratuity and said keep.

SN said that she actually is owed days of keep from last year and all businesses must have procedures set up regarding days of keep that an employee is entitled to but aren't taken. It is common for a enterprise to permit a couple of days of keep to be carried to a fresh year, but if an employer hasn't permitted a worker to take keep to that they are entitled, which is a concern alone, I would expect the employer to pay such times in full as part of the final payment.

Days of gross annual leave are actually enshrined in the UAE Labour Laws and employees have entitlement to an annual keep of two days monthly after they have completed six months of service and thirty days if indeed they have completed twelve months of service. These days of leave include established public holidays no employee should be prevented from bringing leave to which they are entitled.

I have read your write-ups about companies passing on recruitment costs to staff members and am curious to learn if this pertains to training costs aswell. My company asked me to indication an exercise bond when I joined the business. The bond is normally valid for five years. Since I am quitting the work after 3 years, the company said I will need to pay back 2/5 of the bond’s value.

Would training charges be looked at recruitment costs beneath the UAE Labour Legislation? FL, Dubai

On multiple situations, this column has covered the topic of the illegality of an employer demanding an employee will pay for all visa and recruitment costs. That is a different query and there is usually little or nothing in the UAE Labour Regulation that specifically pertains to the recovery of training costs.

I am aware that a number of companies add such clauses but it could be a grey area.

Content 135 of the UAE Labour Law says: “The employer might deduct from the end-of-service gratuity any quantities due to him by the employee.”

This signifies that provided there is a evidently worded agreement signed by both parties which clarifies the amounts payable so when they are payable, it is legal for an employer to deduct training costs.

The grey area this is actually the amount of this training bond. Chances are that a amount of five years will be viewed as extreme if the employee files a case in courtroom as the expectation is definitely that such clauses apply over one or two years only.

My understanding is an employer will see it harder to justify the price tag on in-house training instead of recognised external training schemes and professional qualifications, as the expense of the former will be harder to quantify on monetary terms.

In this particular case, chances are that someone who has been with an company for three years or even more could argue that the training bond’s timespan is excessive and that the written agreement falls foul of Document 7 of the UAE Labour Law. This article says: “Every provision contradicting the provisions hereof, whether or not precedent to the powerful date thereof, will be considered void, unless it is more beneficial to the worker.”

It may be argued that the time frame required by the employer for repayment of costs isn't advantageous to the employee in this case and it is, therefore, open to challenge.

I left the UAE to come back home but lost my UAE traveling licence. I plan to travel back to the UAE on organization later this year. Can I get yourself a replacement licence when I am there up coming on a tourist visa? HI, Egypt

While it is a comparatively straightforward process to secure a replacement traveling licence if the original has been lost, this program is only available to UAE residents. When applying for a replacement licence, a residency visa and Emirates identity cards are required. Visitors cannot get hold of, renew or replace a UAE driving licence.