Go Back  British Expats > Living & Moving Abroad > Middle East
Reload this Page >

Employment Law / Gratuity etc

Employment Law / Gratuity etc

Old Jan 6th 2016, 10:27 am
  #1  
WWLLCJD?
Thread Starter
 
Scamp's Avatar
 
Joined: Feb 2011
Location: Dubai
Posts: 23,537
Scamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond repute
Default Employment Law / Gratuity etc

Afternoon,

I've done lots of reading and lots of researching so far but wanted to get some input from you bunch of experts.

Here's the situation;

I work for a company, called Company A.
They are, elsewhere, owned by Company B.
Here, they are independent but still thought of to be under the leadership of B.
I am under visa sponsorship for Co. A. and have worked for them for 3+ years.
I am transferring to Co. B.
In fact, I have already transferred, just without the contract etc.
This means cancelling Co A visa and contract, 'joining' Co B visa and new contract.

I'm being told, in the contract, that accrued gratuity will be honoured and that it's nothing to worry about as that gratuity, plus extra holiday days and all that jazz.

I had a very quick chat with Tas Heel (they're nearby) and the woman laughed and said that the MoL see your Labour Card and VIsa at the date references in any gratuity type disputes. I will also have to sign to say I received all the benefits to cancel Co A visa. I haven't done this yet as have only just got new contract for Co B. This of course will be plainly lying to say I've received when I haven't but Co B can point to this if any dispute in 12 months (for example) when I leave.

Question is;

They're saying it's no problem and have included the information in the contract that they'll honour my time served for Gratuity, Leave etc.

How tight is this? HAving had the brief conversation earlier I'm a little unsettled. If I get a letter from Co B stating it's all good separately will that assist? I don't anticipate any issues but I also have trust issues with companies, they're not charities and the wrong day, the wrong person could mean a dispute.




NEXT


They have added an explicit clause into the new contract stating that NO COMMISSION (which we get monthly) will be included in the Gratuity calculation. Now, Meow has an article and there are many others that say regular commission payments can be included in the basic element and therefore be part of the calculation.

Is this legally true?
Can they put a clause in the contract, 'force' me to sign and agree to and will that hold up with the MoL if disputed?



Thanks in advance for any ideas, guidance or thoughts.
Scamp is offline  
Old Jan 6th 2016, 10:53 am
  #2  
Bored liberal
 
Meow's Avatar
 
Joined: Feb 2007
Location: Over there ----->
Posts: 13,704
Meow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond repute
Default Re: Employment Law / Gratuity etc

You are questioning my published articles?

DO NOT sign anything to say you have received a payment that you have not. That's foolish and negates any future claim.

If your employer is taken over then your existing contract stand for six months before the employer can change anything and it is possible to have continuous employment. You need to have all the information in writing (NOT sign any false documents) so you can produce them in the event you need to raise a case with MoL.

The information I have published is as confirmed by MoL. There are specific circumstances however. The commission must form a substantial part of remuneration and paid regularly, generally monthly. Annual bonuses do no qualify.

No UAE employer (or at least those that are covered by UAE Labour Law) can contract around Labour Law. They can put what they like in the contract but if it leaves an employee any worse off it is not legally valid.
Meow is offline  
Old Jan 6th 2016, 11:07 am
  #3  
Wannabe Cycling God
 
TheShed's Avatar
 
Joined: Jul 2009
Location: West Kensington, Dubai
Posts: 1,157
TheShed has a reputation beyond reputeTheShed has a reputation beyond reputeTheShed has a reputation beyond reputeTheShed has a reputation beyond reputeTheShed has a reputation beyond reputeTheShed has a reputation beyond reputeTheShed has a reputation beyond reputeTheShed has a reputation beyond reputeTheShed has a reputation beyond reputeTheShed has a reputation beyond reputeTheShed has a reputation beyond repute
Default Re: Employment Law / Gratuity etc

Originally Posted by Meow View Post
You are questioning my published articles?

DO NOT sign anything to say you have received a payment that you have not. That's foolish and negates any future claim.

If your employer is taken over then your existing contract stand for six months before the employer can change anything and it is possible to have continuous employment. You need to have all the information in writing (NOT sign any false documents) so you can produce them in the event you need to raise a case with MoL.

The information I have published is as confirmed by MoL. There are specific circumstances however. The commission must form a substantial part of remuneration and paid regularly, generally monthly. Annual bonuses do no qualify.

No UAE employer (or at least those that are covered by UAE Labour Law) can contract around Labour Law. They can put what they like in the contract but if it leaves an employee any worse off it is not legally valid.
You raise an interesting point there Meow.

In my role, we get commissions/bonuses as and when we sign contracts and during the contract delivery. On an average year I would get say 5-7 commission transfers (paid with salary) and in total these would normally be equal to or even well above my annual salary. Would payments like these be considered part of the gratuity??? Just curious.
TheShed is offline  
Old Jan 6th 2016, 11:45 am
  #4  
Bored liberal
 
Meow's Avatar
 
Joined: Feb 2007
Location: Over there ----->
Posts: 13,704
Meow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond reputeMeow has a reputation beyond repute
Default Re: Employment Law / Gratuity etc

Originally Posted by TheShed View Post
You raise an interesting point there Meow.

In my role, we get commissions/bonuses as and when we sign contracts and during the contract delivery. On an average year I would get say 5-7 commission transfers (paid with salary) and in total these would normally be equal to or even well above my annual salary. Would payments like these be considered part of the gratuity??? Just curious.
In my view no as they are not part of "regular pay". It really applies to sales people in very low salaries who need the commissions to survive and get a steady amount each month. Your payments are more ad hoc.

Additionally, the MoL is not likely to be very interested in backing any case you make against an employer as you earns heaps anyway.
Meow is offline  
Old Jan 6th 2016, 11:50 am
  #5  
WWLLCJD?
Thread Starter
 
Scamp's Avatar
 
Joined: Feb 2011
Location: Dubai
Posts: 23,537
Scamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond reputeScamp has a reputation beyond repute
Default Re: Employment Law / Gratuity etc

Originally Posted by Meow View Post
You are questioning my published articles?

DO NOT sign anything to say you have received a payment that you have not. That's foolish and negates any future claim.

If your employer is taken over then your existing contract stand for six months before the employer can change anything and it is possible to have continuous employment. You need to have all the information in writing (NOT sign any false documents) so you can produce them in the event you need to raise a case with MoL.

The information I have published is as confirmed by MoL. There are specific circumstances however. The commission must form a substantial part of remuneration and paid regularly, generally monthly. Annual bonuses do no qualify.

No UAE employer (or at least those that are covered by UAE Labour Law) can contract around Labour Law. They can put what they like in the contract but if it leaves an employee any worse off it is not legally valid.
Would I dare question a Meow article? I'm no fool.

The commission bit seems a grey area, we are paid bonus monthly and normally there's an amount each month. Occasionally I will fail and bill nothing and get paid nothing, I assume this doesn't matter?

Our point is this (for example)
Basic 13,000
Allowances 7,000
Commission 5,000

So gratuity will be paid on 13,000 a month basic.
Labour Law says 13,000 + regular commission of 5,000 (let's say that's the average)
We are suggesting, as they don't want the second option, to pay us on 65% of the 13+7+5 as that's the total package. I think we're being pretty reasonable. Maybe too reasonable.


Back to contract - Co A has been jettisoned from the group and therefore our contracts and visas are now with a separate company that has no ties to the group. We are sat in Co B offices and need to make sure our arses are covered for gratuity calculations and continuous service.

Thanks for your help.
Scamp is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.