3 dues received by a worker in the private sector upon the termination of his contract by "mutual consent"
"Human Resources": It is not permissible to cancel the "end of service warning" condition from work contracts
“Human Resources” regulates the relationship between employers and workers on the basis of the two parties ’commitment to the laws. Archives
The Ministry of Human Resources and Emiratisation has identified three types of entitlements that a worker receives upon the end of his service by "mutual consent" at any establishment in the private sector, including "leave allowance, end-of-service bonus, and any remaining salaries for him", stressing that no agreement may be concluded between the two parties Work to abolish the end-of-service warning requirement, or exempt either of them from activating it, or even reduce its period stated in the work contract, provided that it is only permissible to agree to increase this period.
The Ministry affirmed that it regulates the existing relationship between employers and workers, on the basis of the commitment of both parties to labor laws and regulations issued by the ministry, to protect and guarantee their rights, starting from the stage of concluding the work contract until its termination, and the resulting dues.
In an instructional video broadcast on its official pages on social media platforms, she stated that within the framework of implementing measures to prevent the emerging corona virus, the auxiliary worker may express his desire to leave the country and return to his homeland, and in this case the employer must commit to hand over the worker all his dues in case of agreement. With him to leave work, explaining that the end of service benefits by mutual consent for workers in the private sector include three types: leave allowance, end of service bonus, in addition to the remaining salaries.
She indicated that the employment contract can be terminated, either by the employer or the employee, within certain controls defined by Federal Law No. (8) of 1980 in the matter of organizing labor relations, which were developed to deal with four cases, the first: the agreement of the two parties to end the work relationship by mutual consent, provided that Obtaining a written approval from the employee, and the second in the event that the employee suffers from a total disability based on a medical certificate proving this, and if the disability is partial to enable the employee to undertake other work that his health condition permits, the employer must transfer him to another suitable job upon the employee’s request Who is entitled to the wage specified for this job.
According to the Ministry, the third case for termination of employment contracts relates to “the termination of a fixed-term employment contract,” in which the contract is fixed for its termination, provided that its period does not exceed two years, and it is permissible, by agreement of the two parties, to renew this contract for another similar period or for a shorter period one or more times.
It stated that if the contract is terminated according to the employee's desire before the expiry of its period, he must compensate the employer with the equivalent of the salary of 45 days or the salary of the remaining period of his contract, whichever is shorter, unless the work contract stipulates otherwise, and if the contract is terminated at the desire of the employer before The expiration of his term, he must compensate the employee with the equivalent of the total salaries of three months or the equivalent of the total salaries of the remaining period of his contract, whichever is shorter, unless the employee’s contract stipulates otherwise.
The Ministry pointed out that the last cases of termination of employment contracts are “termination of an indefinite period of employment contract,” which are contracts that are concluded without specifying a date for their expiration, and therefore the employer or worker may terminate it provided the other party is informed in advance.
The ministry said: “If the employee decides to terminate the contract with his will, then he must submit a letter of resignation in this case stating his commitment to work during the warning period agreed upon in the contract, which ranges between one and three months, and this period is calculated within the total period of service, and for wage workers. The daily warning period is one week if the worker worked for a period of more than six months and less than a year, two weeks if the worker worked for a period of no less than one year, and one month if the worker worked for a period of no less than five years.
She added: “If the employer decides to terminate the service of one of his employees, he must in this case notify the employee in writing one to three months before the date in which he wants to terminate the contract, and the contract remains in place and ends with the end of the notice period, with the obligation to give the worker his full wage throughout the warning period. , On the basis of the last wage he was receiving, and he must continue to work during this period, and it is not permissible to agree on exemption from the warning condition or reducing its time limit, while it is permissible to agree to increase this period.
The Ministry indicated that if the worker (who is bound to a fixed-term contract) leaves his work voluntarily before the end of the contract period, then he is not entitled to end-of-service gratuity unless his continuous service period exceeds one year, while if the worker (who is bound to an unlimited-term contract) quits his work By choosing him after continuous service of not less than one year and not exceeding three years, he is entitled to one third of the end of service reward, and if the period of his continuous service exceeds three years and does not exceed five years, he is entitled to two thirds of the aforementioned reward, and if his continuous service period exceeds five years, he is entitled to the full reward.
21 days for each year
The Ministry of Human Resources and Emiratisation said that the end of service gratuity is calculated on the basis of 21 days 'wages for each year of the first five years of service, and 30 days' wages for every year that exceeds five years of service.