Question: I recently lost my job at a UAE-based company. I want to understand what my rights are in this situation. What am I entitled to? What happens to my unused leaves?
Response: Pursuant to your queries, it is assumed that you were employed as a full-time employee by a mainland company in the UAE and that you completed more than one year on the job. Therefore, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Employment Law’) and those of Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relations (the 'Cabinet Resolution No. 1 of 2022') are applicable.
In the UAE, upon serving the stipulated notice period, an employee is eligible for unpaid salary, cash allowance based on the basic salary for the annual leave which are not availed during the tenure of employment, gratuity and repatriation costs to their home country.
The Employment law states that an employee is entitled for gratuity if he/she has completed one or more years of employment. This is in accordance with Article 51(2) of the Employment Law, which states "A foreign full-time employee who completes one or more year in the continuous service is entitled to a severance pay, which is calculated on the basis of the basic salary as follows:
a. Twenty-one working day's salary for each of the first five years of service.
b. Thirty working days salary for each subsequent year of...
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