Often late for work? You may not be entitled to your UAE gratuity
If you struggle to stick to your hours at work and your boss has been warning you about it, be careful, as you may not be entitled to your gratuity when you leave your job.
The Ministry of Human Resources and Emiratisation responded to an official query from an employer who asked whether they would need to pay gratuity to a worker who continued to fail to come to the office on time despite repeated warnings.
The Ministry’s response? If the employer’s warnings were explicit enough and the termination of the job was due to the timekeeping issue, then they don’t have to pay the employee any gratuity.
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Speaking to Arabic daily Emarat Al Youm the Ministry said that those who are “terminated due to job misbehaviour after repeated notices by the employer are not entitled for end-of-service benefits or any compensation for the sacking.”
The government body goes on to explain, however, that employers must take specific measures to warn the employee that their behaviour isn’t acceptable. According to the Ministry spokesperson these measures include notices and meetings.
They continue, “In the case that the worker does not respond to such warnings, the employer can issue an ultimatum to the worker that he would terminate his service… after that ultimatum, he is authorised to sack the worker if he fails to comply.”
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Another case in which your gratuity isn’t given is if you don’t give your proper notice, as Nita Maru of TWS Legal Consultants told EmiratesWoman.com:
“If an employee departs from his employment without providing the appropriate notice, then that employee shall not receive their gratuity. There are, of course, situations wherein an employee may leave without notice, which are limited to circumstances where an employer has breached his duties to an employee or assaulted an employee. In practice, such violations are difficult to prove and therefore we recommend that 30 days’ notice always be provided.”
MORE FROM THE LAW
According to Article 120 of the UAE Labour Law, here are some other reasons that would justify an employer firing you (and then withholding your gratuity):
1. If the employee adopts a false identity or nationality or if he submits forged documents or certificates.
2. If the employee is appointed under a probationary period and dismissal occurred during or at the end of said period.
3. If he commits an error causing substantial material loss to the employer provided that the latter advises the labour department of the incident within 48 hours from having knowledge of the same.
4. If the employee violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at conspicuous places and in case of an illiterate employee the latter be informed verbally of the same.
5. If he fails to perform his basic duties under the contract of employment and persists in violating them despite formal investigation with him in this respect and warning him of dismissal if the same is repeated.
6. If he divulges any secrets of the establishment where he is employed.
7. If he is awarded final judgement by the competent court in respect of an – 33 – offence prejudicing honour, honesty or public morals.
8. If during working hours he is found drunk or under the influence of drug.
9. If in the course of his work he commits an assault on the employer, the manager or any of his colleagues.
10. If he absents himself without lawful excuse for more that twenty intermittent days or for more than seven successive day during one year.