UAE gratuity and international job transfer
May 2nd 2013, 10:18 am
#16
Lost in BE Cyberspace
Joined: Aug 2009
Location: Disneyland, Dubai
Posts: 15,887
Re: UAE gratuity and international job transfer
When is the ESB paid? I know this sounds like an awfully stupid question, but is it paid on termination of the contract, i.e. on your last working day, or before? My question is borne out of wondering if/when this can be used, for instance, to transfer belongings back to home country, etc.
May 12th 2013, 11:43 am
#18
Just Joined
Thread Starter
Joined: Feb 2012
Location: Amsterdam
Posts: 6
Re: UAE gratuity and international job transfer
Folks, this is awesome, thank you so much for the advice!
To keep you all up-to-date on what is happening, I am having to lawyer-up. HR's final word on the matter (and they have not consulted any legal counsel) is that "as this is an internal company transfer" it does not count as my end of service. Even though it is to an entity outside the UAE, and my UAE visa will be cancelled, and I will no longer be paid out of the UAE, and my contract clearly states I will be paid EoS gratutity as per UAE labour law.
I will keep everyone informed!
To keep you all up-to-date on what is happening, I am having to lawyer-up. HR's final word on the matter (and they have not consulted any legal counsel) is that "as this is an internal company transfer" it does not count as my end of service. Even though it is to an entity outside the UAE, and my UAE visa will be cancelled, and I will no longer be paid out of the UAE, and my contract clearly states I will be paid EoS gratutity as per UAE labour law.
I will keep everyone informed!
Last edited by flymickeyfly; May 12th 2013 at 12:55 pm. Reason: typo
May 13th 2013, 12:54 pm
#19
Bored liberal
Joined: Feb 2007
Location: Over there ----->
Posts: 13,713
Re: UAE gratuity and international job transfer
Folks, this is awesome, thank you so much for the advice!
To keep you all up-to-date on what is happening, I am having to lawyer-up. HR's final word on the matter (and they have not consulted any legal counsel) is that "as this is an internal company transfer" it does not count as my end of service. Even though it is to an entity outside the UAE, and my UAE visa will be cancelled, and I will no longer be paid out of the UAE, and my contract clearly states I will be paid EoS gratutity as per UAE labour law.
I will keep everyone informed!
To keep you all up-to-date on what is happening, I am having to lawyer-up. HR's final word on the matter (and they have not consulted any legal counsel) is that "as this is an internal company transfer" it does not count as my end of service. Even though it is to an entity outside the UAE, and my UAE visa will be cancelled, and I will no longer be paid out of the UAE, and my contract clearly states I will be paid EoS gratutity as per UAE labour law.
I will keep everyone informed!
Have you spoken to MoL? They might be able to help without you engaging a lawyer. Failing that I can refer you to a decent employment lawyer if required.
Good luck.
May 13th 2013, 2:18 pm
#20
If I have to explain...
Joined: Sep 2008
Location: Where ever the road takes me
Posts: 3,999
Re: UAE gratuity and international job transfer
To be fair, if you collect ESB's then you lose the continuous employment as you effectively end your employment with your company and start over. You might want to check what the repercussions are on the US side re termination, notice periods, probation etc. Could be better to forgo the ESB's and keep the length of service. No idea but worth checking.
May 13th 2013, 2:32 pm
#21
Just Joined
Thread Starter
Joined: Feb 2012
Location: Amsterdam
Posts: 6
Re: UAE gratuity and international job transfer
Thanks Roadking. Well in terms of benefit all I keep is seniority within the company, having a start date in 2009. All other benefits reset to zero. I'm the first person to make this transfer out of the UAE. The company does have funny rules regarding what happens if you terminate your employment (they cannot re-employ you for six months etc.). However I'm not resigning. Though it could be seen as a de-facto resignation and they may use that as the sword of Damocles over my head, saying that if I collect ESBs they would not be able to take me on in the US for another six months. Hmm. Crafty.
Naveed
Naveed
May 13th 2013, 3:16 pm
#22
Forum Regular
Joined: Jan 2012
Posts: 99
Re: UAE gratuity and international job transfer
On a related but slightly different matter, has anyone experience of the process in undertaking an international transfer with current employers? Specifically, 'm being asked to resign as I have an entirely new contract on the UAE but I'm not clear as to whether or not this is the norm?
Grateful for any feedback!
Grateful for any feedback!
