Legal Question in Employment Law in United Arab Emirates

Hello everyone,

I have signed a work contract in the United Arab Emirates on Feb. 19th 2012 (I have been living here before and will stay here as well). The contract says that my notice period is two (2) months.

I handed in my resignation on Dec. 30th 2012. My last day of work will be Feb. 27th 2013.

Question: Did I terminate the service within a year?

My contract says: "Your return air fare ticket shall not be borne by the company in the event you terminate the services within one year."

I think I did and am therefore NOT entitled for i.e. end of service benefit (gratuity) and air ticket allowance but my friend who should know better since he has an MBA says I AM entitled!

Please let me know what's right.

thank you in advance.

S.T.


Asked on 1/30/13, 1:06 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

30.01.2013

Dear Sir / Madam,

If your date of joining the Company coincides with the date of signing of the work contract i.e 19th February, 2012, you complete a year's service on 18th February, 2013. Since your effective last date of work is 27th February, 2013, there is room for interpretation of the labour law. Looking at it positively, since your last working date is 27th February, 2013 and you actually work in the Company till the last date, you will have worked in the service of the Company for a year and 9 days to be precise, so in my view, you are entitled to the one-way return air fare ticket from the Emirate in which you reside to your hometown, and the gratuity.

It is worthwhile you putting a request to this effect to the Company.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 1/30/13, 8:48 am


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