If Terminated...

freeneasy1 As i have an unlimited contract of 3 years,what the benefits i will get if i get terminated by employer? Is there anything else than gratuity? Also if i resign,still i will be entitled for the benefits and gratuity?

dbxsoul

freeneasy1 wrote:
As i have an unlimited contract of 3 years,what the benefits i will get if i get terminated by employer? Is there anything else than gratuity?
Also if i resign,still i will be entitled for the benefits and gratuity?

depends how far you are into the contract. benefits are calculated according to the legnth of service which you have with the employer (from the date on your labour card).
there is a gratuity calculation i posted somewhere in one of the above threads freeneasy1 Thanks for quick reply DbxSoul.If i resign myself, will i be able to get my benefits?I spent almost 2 years and 8 months with my employer.Also can i ask for an air ticket if i resign from my job? dbxsoul

freeneasy1 wrote:
Thanks for quick reply DbxSoul.If i resign myself, will i be able to get my benefits?I spent almost 2 years and 8 months with my employer.Also can i ask for an air ticket if i resign from my job?

you would be entitled to your gratuity (as per the law), i'll see if i can find the calculation and post it here. return ticket in your case is at the dicression of the employer. you should also be entitled to a pro-rata payment of any accumilated leave due to you dbxsoul

It depends on the type of contract you have, if you have a 2 year LIMITED/ FIXED TERM contract then, yes you would be entitled to the gratuity at the end of the contract.
If you are employed on an UNLIMITED contract then you would only receive a small portion of your gratuity as per the regulations governing the payment of gratuities, and after 2 years service this would not amount to very much.
Severance Pay Article 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from
work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows:
1. 21 days' wage for each of the first five years of service.
2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
And also
Article 137
Where a worker under an indefinite term contract abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance pay if his continuous service exceeds three years up to five years, and to the full severance pay if it exceeds five years.

what this means is that if you earn 10,000 per month (basic salary - as gratuity is not calculated on allowances paid to you).
10,000 * 12 / 365 * 21 = 6904 AED for each full year of service and pro-rate for your third year.
in your case 6904 + 6904 + (approx) 4602 = 18410 AED
BUT because of Article 137 (as you have not yet worked more than 3 years) the law only provides for you to be paid a third!!!
or 6136 AED
yes, it sucks ... but there it is
sorry the calculations were doen quiet quickly, so i would suggest that your check them before substituting your own basic salary freeneasy1 Thanks DbxSoul for your kind reply and information.Appreciate your help.