This article is published by Khaleej Times and we though we share it with our Clients for guidance and for awareness purposes of their annual leave entitlement.
An employment contract states that the employee entitled to 30 days of unpaid depart for 365 days of service with the service provider. What are the employees’ rights related to paid leave and the way to avail it?
Pursuant to the above question, we anticipate that the employee employed by using an agency based in the mainland of UAE and for this reason, the provisions of Federal law No. (eight) of 1980 regulating employment members of the family within the UAE (the ‘Employment legislations’) can be relevant.
As per the provisions of the Employment legislations, it can be stated that an employee will likely be entitled to a paid annual go away of 30 days upon completion of twelve months of employment with an agency. This is in accordance with Article seventy five of the Employment legislations which states: “An employee shall, for each year of carrier, be entitled to an annual go away of at least:
- Two days a month, where the worker’s length of provider is more than six months but under twelve months.
- 30 days a year, the place the worker’s length of carrier is greater than three hundred and sixty five days.”
It may possibly, hence, be referred to that the employer may still pay the revenue, which includes simple pay and housing allowance if applicable as part of the annual go away salary. Here’s based on Article 78 of the Employment legislation, which states: “each and every worker will be entitled to his basic remuneration and the housing allowance, if applicable, in admire of his days of annual leave.”
Employer is obligated to pay the revenue for the annual leave which might be amassed to employee as on the date of graduation of employee annual vacation. The annual leave salary can be paid by using employee agency previous to the graduation of employee vacation. This is in keeping with Article 80 of the Employment legislations, which states: “earlier than the commencement of an worker’s annual go away, his service provider shall pay the total remuneration due to him plus the go away pay prescribed for him beneath this legislations.”
Any leave taken by employee beyond the annual depart could be an unpaid go away. this is in line with Article 89 of the Employment legislations, which states: “field to the provisions of this legislations, any employee who fails to resume work instantly after the expiry of his depart shall instantly forfeit his remuneration for the duration of his absence, with impact from the day instantly following that on which the go away expires.”
If the 30 days of go away distinct for the employee employment contract is apart from the annual go away then employee business enterprise is not beneath an duty to remunerate the employee for the further 30 days of leave as mentioned on employee job settlement.
however, if the company construes the clause regarding 30 days of unpaid go away mentioned within the employment contract as the average annual go away entitlement, then such provision is opposite to the Employment legislation and may be considered as null and void. here is based on Article 7 of the Employment legislations, which states, “Any stipulations opposite to the provisions of this legislations, in spite of the fact that it have been made just before its commencement, can be null and keep away from except they’re more beneficial to the worker.”
According to the aforementioned provision of the Employment law, the organization is obligated to remunerate the employee for the annual depart. Despite the fact, any extra leaves, apart from annual go away and unwell leave, availed through an employee will be unpaid and the company may additionally no longer be beneath an obligation to remunerate the employee for any additional leaves taken. within the adventure the company agency does not pay the employee income for the annual leaves or any accrued annual leaves, employee might also file a criticism in opposition employee enterprise with the Ministry of Human components and Emiratization (MOHRE) involving non-price of profits for annual leaves.
Comprehend the legislations
Any worker who fails to resume work instantly after the expiry of his depart shall immediately forfeit his remuneration for the duration of his absence.