Query: This would possibly sound foolish, however is there any means I can apply for my gratuity quantity with out resigning? I’ve been working in a agency in Dubai for the final 20 years. My daughter is about to get married and I desperately want the money. Please advise.
Reply: Pursuant to your queries, we assume that you’re employed in a agency based mostly within the mainland of Dubai. Subsequently, the provisions of Federal Legislation No. 8 of 1980 Regulating Employment Relations within the UAE (the ‘Employment Legislation’) are relevant.
It needs to be famous that the Employment Legislation is silent with reference to fee of gratuity to the worker whereas she or he continues to be employed. Usually, gratuity is calculated as talked about in Article 132 of the Employment Legislation, when an employer-employee relationship ends.
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An worker is entitled to gratuity if his or her service interval with the employer is at the least one 12 months; she or he shouldn’t be terminated from employment on grounds as talked about in Article 120 of the Employment Legislation; if the worker doesn’t go away the employment on his or her personal accord with out serving discover interval; and different circumstances talked about in Article 121 of the Employment Legislation.
Nonetheless, contemplating your long-term relationship together with your employer, chances are you’ll make a written request to launch your gratuity as on date. Based mostly on this, your employer might think about your request and should launch your gratuity quantity or part of it.
Whereas releasing the gratuity prematurely, your employer may take a signed enterprise from you, confirming that you’ve already withdrawn a specific amount. Thereafter, if you are resigning or retiring, your employer will deduct this quantity when paying your finish of service advantages.
That is in accordance with Article 135 of the Employment Legislation, which states: “The employer might deduct any quantities resulting from him from the worker’s finish of service remuneration.”
Alternatively, chances are you’ll think about requesting your employer to grant you a mortgage towards your gratuity.
It is suggested that you simply contact the Ministry of Human Assets and Emiratisation for extra clarification concerning the mentioned matter.
Ashish Mehta is the founder and Managing Accomplice of Ashish Mehta & Associates. He’s certified to practise legislation in Dubai, the UK and India. Full particulars of his agency on: www.amalawyers.com. Readers might e-mail their inquiries to: [email protected] or ship them to Authorized View, Khaleej Occasions, PO Field 11243, Dubai.