what is a regulator employment benefits - end of service gratuity -

by:KEBO      2019-08-01
The literal meaning of severance or gratuity is a favor or gift, usually in the form of money, in return for the service.In other words, a sum of money provided to workers in certain service sectors for the services they engage in or expect.End-of-service gratuity is the amount paid by the employer for the hard work of its workers (any effort by any person-whether intellectual, technical or physical-in exchange for wages, whether permanent or temporary) when the worker has successfully completed the prescribed length of service, he leaves the job.For nearly 40 years, it has been one of the very important labor rights that employees are entitled to after many years of service to their employers.
There is no federal law.The UAE provided provisions on termination of service remuneration on 1980.This article discusses the above provisions, including the calculation of the amount of remuneration based on the worker's salary and the number of years he has served for a particular employer.The law provides that an employee who has completed one year or more in a continuous service with the employer is entitled to receive a gratuity at the end of the service.If the employee actually completes for one year or more, the remuneration shall be calculated on an annual basis.Unpaid absence days are not included in the calculation of the total service period.However, if the employee has completed a year, then he will be entitled to a gratuity in proportion to a portion of the year he has spent at work, provided that he has completed the service for a year in a row.The base salary as the basis for calculating the remuneration is the salary that the employee received last time before the termination of the employment contract.The basic salary refers to the salary received by the employee that does not include housing, transportation, travel allowance and overtime, family allowance, entertainment allowance and any other bonus.This salary will be the basis for calculating the remuneration for all years in which the employee works for the employer, calculated at the rates set out in this agreement.Severance pay shall be calculated in accordance with the provisions of the labor law, such as 21 days per year in the first five years and 30 days per year, provided that the total severance pay does not exceed 2 years.Without prejudice to laws relating to the granting of pensions or retirement benefits to employees.Severance pay shall be calculated on the basis of the last remuneration paid to the worker on a daily basis, on a weekly and monthly basis, and on a daily average remuneration of the person paid on a piece-by-piece basis.After finding out the worker's monthly salary, you can find out the daily salary by dividing the monthly salary amount by the number of working days in the month.Once we find the daily salary, the next step will be to calculate the salary every 21 days and the salary every 30 days.The above calculation is beneficial to workers with limited employment contracts.An exception to the rule is that if the worker leaves the job before the contract expires and violates the contract of employment, no remuneration will be given.If the employment contract is of an unlimited nature, the amount of remuneration will be reduced if the worker chooses to leave the job on his own.If the worker's service period is completed for at least one year and at most three years, then the worker is entitled to 1 out of 3 of the end-of-service remuneration.If the worker has served for at least three years, for a maximum of five years, and if the period of continuous service is more than five years, he is entitled to 2 out of 3 of the above gratuity and full gratuity.1.If the employer terminates the worker's service on one of the following grounds:.If the worker holds a false identity or nationality or submits a false certificate or document.b.If the worker is suspended, the dismissal occurs during the probation period or at the end of the probation period.c.If the worker makes a mistake that causes the employer to suffer a substantial material loss, provided that the Department of Labor receives the notice of the accident within 48 hours of being informed of the accident.d.If the worker violates instructions relating to safety at work or at the workplace, provided that they must be written in prominent locations and posted in prominent locations, he will be informed if he is illiterate.e.If the laborer fails to perform his principal duties in accordance with the employment contract, in addition, despite a written investigation into the matter and warning that he will be dismissed if committed again, he has also failed to remedy such failure.f.In case the worker reveals any secrets of his workplace.g.If the worker is finally convicted by a competent court of honor, honesty or public morality.h.If the worker is found to be in a state of drunkenness during working hours or is affected by narcotic drugs.i.If a worker attacks an employer, a responsible manager, or a colleague during working hours.j.If the worker is absent for more than 20 non-valid reasonsSeveral days a year, or more than seven consecutive days.2.If the worker leaves without notice in the case of an unlimited/pending employment contract, except in the following cases:If the employer violates the obligations to the worker as set out in the contract or law.b.If the employer or its legal representative attacks the worker.3.If the worker leaves before the expiration of the term of the employment contract, except in the following cases:If the employer violates the obligations to the worker as set out in the contract or law.b.If the employer or its legal representative attacks the worker.In addition to this deduction from ESG, if there is a certain number of workers payable to the employer I, it is also allowed to be deducted from ESG.e., loan etc.If an employee is dismissed for one of the reasons stated in clause 120th, or if he/she leaves without notice in a clause other than clause 121st, he/she may be deprived of remuneration under the UAE labor law, if he terminates the limited contract before the contract is completed.The parties may agree to pay the employee a gratuity at some time in the year in which the employee served the employer and start with a new employment contract in the future.However, the agreement shall expressly state, acknowledge and agree between the employee and the employer to pay the remuneration for a period prior to that.The employee's salary and other legal benefits, including end-of-service remuneration, are considered a senior debt and the employee has a lien on any movable or immovable property owned by the employer.The UAE is moving quickly towards global standards, so it is important to ensure that the management laws are sufficient to deal with the business environment and employment relations.There is a famous legal motto: "The law has never been static;As regulators and judges strive to ensure that the law constantly reflects changes in society itself, it is always changing, being interpreted or redefined and achieving varying degrees of success. ".Changes in laws in certain areas of UAE labor law in service end benefits, tip calculation will certainly ease the settlement method and reduce the risk of litigation.In order to do so, laws and their main sources should be considered and how they can and must be changed to reflect the needs of society.The relationship between legal and social changes will be assessed and the success of the regulatory body and judges will be assessed to ensure that the changes are reflected in the law.Author : Mr.Adnan Ashraf esqSource: employment benefits
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