I have been working in the UAE for a British based service company over the past 10 years. The company has regional office within the UAE which I report to directly. My visa and labour card is organised and registered with an agency in Dubai where I am based. I work a 28 day rotation offshore to and from the UK.
Recently I decided to move on and enquired about my gratuity entitlement. The company has told me that I am not entitled to gratuity which I find rather odd, as the UAE Labour Law clearly states the criteria for entitlement. I have researched the labour law and cannot and see a reason why I am not entitled to the gratuity payment. The only downfall I can see is that my salary is paid from and into a UK bank account.
My contract of employment for my position is issued from the UK although I have a different contract for the position in the UAE, this is obviously to comply with the local labour law. Both contracts have different salary rates, the UAE contract is the minimum allowable amount for someone working in the UAE.
If my company continues to refuses to honour the gratuity payment I will have no alternative to file my case in the Ministry of Labour.
My questions are. Will my gratuity calculation be based on the UK salary day rate or the UAE contract rate? Does anyone know a contact name, an address or email address where I can file my case with the Ministry of Labour? This I have found very difficult to find. I may also need a local solicitor for representation if I end up back in the UK. Any advice would be greatly appreciated.