KNOW THE LAW

Q Under the UAE Labour Law, what are employers required to provide at the end of a contract when an employee resigns (flights home, gratuities, etc)? A

As per article no 137 of the Labour Law, an employee who resigns is entitled to one third of the end of service gratuity if their service did not exceed three years.

If their service did not exceed five years, then the gratuity will be two thirds. If their service exceeded five years, they will be granted full gratuity.

At any rate the employer is absolutely obliged to grant the employee a plane ticket to return to their home country on the termination of the employment, regardless of how it finished. But if there were an internal agreement between the employee and the employer in which the staff member may have further rights, such as family tickets, the employer must fulfil his contractual obligations.

My wife is a teacher at a school that logs working hours with swipe cards, which staff use when entering and leaving campus. She accidentally left her swipe card at home for two days but still worked both. Despite security camera footage showing her entering the school in the morning and leave at the end of the day, the school is refusing to pay her for both days. Is this legal? Depriving an employee from their salary without reason is absolutely illegal and the employee is entitled to be paid the deducted salary despite not following school procedures by signing in with the swipe card.

The employer has the right to notify or warn the employee against this misconduct but cannot deprive her of her legally owed money.

To claim the money back, your wife must file a claim at the Labour Department, even during her employment at the school.

The department mediates between the employee and the employer to reach a settlement. If no settlement is reached, the department grants the employee permission to claim the deducted amounts through the Labour Court.

The employer has the right to notify the employee against misconduct but cannot deprive her of her legally owed money

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