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UAE gratuity and international job transfer

UAE gratuity and international job transfer

Old May 2nd 2013, 11:18 am
  #16  
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Default Re: UAE gratuity and international job transfer

Originally Posted by MrBAH View Post
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.
It's paid (by a cheque) around the time they cancel your visa. The problem is when you cash the cheque, the banks will happily freeze your bank accounts if you have any outstanding debts.
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Old May 2nd 2013, 12:51 pm
  #17  
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Default Re: UAE gratuity and international job transfer

Originally Posted by Meow View Post
It should be paid with your final salary payment.
you have to sign to say that you have received it, and then once it hits your bank, they could freeze the account...

oh meow, commas........ where did they come from???
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Old May 12th 2013, 12:43 pm
  #18  
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Default 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!

Last edited by flymickeyfly; May 12th 2013 at 1:55 pm. Reason: typo
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Old May 13th 2013, 1:54 pm
  #19  
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Default Re: UAE gratuity and international job transfer

Originally Posted by flymickeyfly View Post
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!
Shame on your employer.

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.
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Old May 13th 2013, 3:18 pm
  #20  
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Default 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.
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Old May 13th 2013, 3:32 pm
  #21  
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Default 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
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Old May 13th 2013, 4:16 pm
  #22  
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Default 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!
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