If I re­sign, what end of ser­vice ben­e­fits would I be en­ti­tled to?

The National - News - - NEWS SCIENCE - YOUSEF AL BAHAR Lawyer

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.

If you have a ques­tion for our lawyer, please email it to news­desk@then­ational.ae with the sub­ject line ‘Know the law’.

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