Labour Contract, Government Job
Oct 30th 2015, 5:59 am
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Labour Contract, Government Job
Hi. I have a few queries for anybody with experience of Dubai public sector labour contracts. I am two-thirds through a two year, fixed-term contract, which has provision to be renewed for a further two years. My questions are:
1. I understand that such a contract, being public sector, does not come under regular Dubai labour law. Does it come under UAE Federal labour law however?
2. There is a specific clause within the contract which says that I am not entitled to any end of service gratuity. The Khaleej Times ran an article some time ago stating that the gratuity must be paid, according to Federal law, regardless of what is written in any contract. Who is right?
3. My contract states a fixed monthly lump sum figure but the SMS advice from payroll always splits it 50/50 between general salary and allowances. IF I get the gratuity, how is it calculated?
4. In reality, being this close to the end of the two year term, I will finish the contract no worries - I'm happy in the job, all is good. However, in the (unlikely) event that somebody were to come in for me tomorrow with a job offer in Saudi/Qatar which I couldn't refuse, what would be the likely penalties? I understand about the 45-day salary penalty in regular private sector labour contracts. Mine states that I can leave "any time I want" by giving 2 months notice and does not mention any penalty for it. Some others' contracts in similar roles to me state that the penalty is 2 months salary, so there is inconsistency.
5. If the two year extension is offered in July, and I accept, am I obliged to complete a full two years more or can I resign, with the proper 2 months notice, at any time after the first two years without penalty?
6. There is a clause within the contract which says that the organisation have so many days to accept my resignation, and that if I don't hear anything after that time period then the resignation shall be deemed to have been accepted. What happens if they just say "no, we don't accept it" - am I stuck here?!
Lots of questions, sorry.
I'm a long way off being a Middle East veteran but I have been here long enough to know how things might work in reality, so I'm under no illusions in my expectations. However, I would very much appreciate any input or advice you can offer. Ta.
1. I understand that such a contract, being public sector, does not come under regular Dubai labour law. Does it come under UAE Federal labour law however?
2. There is a specific clause within the contract which says that I am not entitled to any end of service gratuity. The Khaleej Times ran an article some time ago stating that the gratuity must be paid, according to Federal law, regardless of what is written in any contract. Who is right?
3. My contract states a fixed monthly lump sum figure but the SMS advice from payroll always splits it 50/50 between general salary and allowances. IF I get the gratuity, how is it calculated?
4. In reality, being this close to the end of the two year term, I will finish the contract no worries - I'm happy in the job, all is good. However, in the (unlikely) event that somebody were to come in for me tomorrow with a job offer in Saudi/Qatar which I couldn't refuse, what would be the likely penalties? I understand about the 45-day salary penalty in regular private sector labour contracts. Mine states that I can leave "any time I want" by giving 2 months notice and does not mention any penalty for it. Some others' contracts in similar roles to me state that the penalty is 2 months salary, so there is inconsistency.
5. If the two year extension is offered in July, and I accept, am I obliged to complete a full two years more or can I resign, with the proper 2 months notice, at any time after the first two years without penalty?
6. There is a clause within the contract which says that the organisation have so many days to accept my resignation, and that if I don't hear anything after that time period then the resignation shall be deemed to have been accepted. What happens if they just say "no, we don't accept it" - am I stuck here?!
Lots of questions, sorry.
I'm a long way off being a Middle East veteran but I have been here long enough to know how things might work in reality, so I'm under no illusions in my expectations. However, I would very much appreciate any input or advice you can offer. Ta.
Last edited by Standanista; Oct 30th 2015 at 6:56 am. Reason: Too wordy
