Ask Gulf News: Can a UAE manager claim company benefits after termination?
Question: I am a manager and my employment was terminated last month. According to the policy of the company and after termination, the manager’s annual salary dues will be calculated as per the total salary and the annual increase allowance will be included in the end of service calculation. But the company refuses to calculate my rights as per this policy on the grounds that these rights are…
Question: Can a UAE manager claim company benefits after termination?
Answer: Yes, according to Articles 29 and 51 of the UAE Labor Law, a worker is entitled to payment for accrued but unused annual leave upon termination of employment, regardless of the length of the leave. This payment is calculated based on the worker's basic wage. Additionally, any worker who has completed at least one year of continuous service is entitled to end-of-service benefits, which are typically calculated based on the basic wage without any additional allowances.
However, if a company's internal policies or regulations conflict with the provisions of the Labor Law, the more beneficial and useful conditions for the worker will always apply. This is stated in Article 65/1 & 4 of the Labor Law, which asserts that the rights guaranteed by the law are the minimum entitlements for workers, and any provisions in company policies cannot diminish the rights granted to the worker under other legislations, agreements, acknowledgments, regulations, or employment contracts that provide greater benefits.
Therefore, in this case, you, as a terminated UAE manager, have the right to claim these entitlements and can rely on the court to determine whether the company's policy is legally binding and whether its terms apply to your specific situation.
Written by urgent.news from Gulf News's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.