incognitio

Hello everyone. If you are employed by a UK company and so paying into their pension, can those contributions be deducted from the end of service gratituty? I have read the labour law, but its not clear, there is mention of it but not in any detail, but as your pension would uk law, the gratituty is uae law, so was just wondering if someone on here would know the answer.

Thanks.

Meow

It depends on your contract - whether you are on a local or UK one and how it is worded. It is not uncommon for an overseas pension to be offered in lieu of gratuity and that is acceptable.

You must ensure that you do not breach HMRC pension contribution limits whilst non-resident.

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banter64

As meow said it would depend on what is in your contract, however unless they have lodged the contract with the labour office that you do no receive gratuity this would not stand up in a UAE court of law.

busybee2

as far as i know, i thought that the local contract, which is the one that is at the ministry of labour, is the one they go on. ie if the gratuity clause in the local contract hasnt been amended in any way then the fact that you have a pension in the uk, is not applicable here in the uae but according to the labour law
Article 141
Where a firm has a retirement, insurance or a similar scheme, a worker who is entitled to a retirement pension may opt for treatment under the said pension or severance pay or under the pension or insurance scheme, whichever is more advantageous to him.

so how does that work? surely the pension is only given to you when you reach retirement age? and so is not an end of service benefit now.

FattyPatty

Can anyone recommend any Solicitors that deal with ESB


Pat

Meow

Using a lawyer to push for this would be very expensive. The Ministry if Labour handles such issues and is very helpful. I speak to them on a regular basis regarding letters from readers and I am receiving more and more about companies that are trying to wriggle out of paying.

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FattyPatty

Thank you for the information can you supply a phone number?

FattyPatty

Meow,

Could you send me some details of how to proceed with a complaint?

Meow

Can you make another couple of posts so you Personal Message facility is activated? I can then give you my email address. Thanks

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FattyPatty

I can receive emails now.