If I resign, what end of service benefits would I be entitled to?
Q Under the UAE Labour Law, what are employers required to provide at the end of a contact when an employee resigns (flights home, gratuities and so on)?
A According to article 137 of the Labour Law, in the case of employment ending with the resignation of the employee, workers are entitled to one third of their end of service gratuity if their time at the company did not exceed three years. If their service did not exceed five years, then the gratuity should be two thirds of their end of service. Employees are entitled to full gratuity if their length of service with the company exceeded five years. At any rate, the employer is absolutely obliged to grant the employee a ticket to their home country when employment ends. But if there was an agreement between the employee and the employer in which the employee has rights such as family tickets, then the employer must carry out their contractual obligations.
Can I leave the country if I have debts in the UAE but have started a new job and am waiting for my visa to be processed?
Answering this question depends on whether or not the creditor has begun judicial procedures against the debtor. If legal procedures have been filed against the debtor for any financial claims related to, for example, a bounced cheque, the debtor may not leave the UAE and will face arrest by the authorities at the airport. This is also the case if the court issued a verdict compelling the debtor to pay off what they owe and an arrest warrant has been issued against the debtor. In this case, the debtor cannot leave the country, even for visa purposes, and will be arrested at the airport. If a final verdict has not yet been issued by the court, the creditor can still apply for a travel ban order from the Court of Urgent Cases to stop those who owe them money from leaving the country before settling their debt. In that case, the debtor would be prevented from leaving the country but would not be arrested.
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