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-   -   I know the answer to this already but.... (https://britishexpats.com/forum/sand-pit-116/i-know-answer-already-but-739014/)

Spugsy Nov 15th 2011 4:36 pm

I know the answer to this already but....
 
....My first year was up a few weeks back at work, we're struggling a bit so haven't asked for payrise (which says in contract we can talk about it) and we've been paid late the last three months.

Anyway as the police had my passport for 8 months so couldn't leave the country or even check into hotels I've had hardly any holidays.

Anyway spoke to the boss, told him I had 7 days left over and is it ok to roll them over for a little bit as I'm off for 10 working days over xmas, he basically told me company procedure was no and tough shit - I explained the situation, said it had been a busy year and I'd worked my nuts off and he said pretty much 'so what'.

He recently did my best mate and best out of nearly half his 10 years gratuity and doesn't seem to care less.

Now....(and yeah I know the amswer to this)....is there anything I can do?

We have no staff handbooks or anything so I didn't know, but I should have found out but well...seems a bit shit losing 7 days holiday after all the ahrd graft I've put in.

Bob Nov 15th 2011 4:42 pm

Re: I know the answer to this already but....
 

Originally Posted by Spugsy (Post 9734381)

Now....(and yeah I know the amswer to this)....is there anything I can do?

If nothing else, a bit of cash can always find people with bats that'll help offer encouragement...as a last resort...

Spugsy Nov 15th 2011 5:02 pm

Re: I know the answer to this already but....
 

Originally Posted by Bob (Post 9734389)
If nothing else, a bit of cash can always find people with bats that'll help offer encouragement...as a last resort...

I'm going away for 15 days over xmas, if he does this I'll resign when I get back.

Sandboy Nov 15th 2011 5:04 pm

Re: I know the answer to this already but....
 
the rules say no carry over so it is tough shit - it's often more about how its said than what is actually being said though

and it wasn't exactly their fault you couldn't take a holiday was it ?

in short, absolutely SFA you can do, we take their money and just have to suck it up sometimes

Bob Nov 15th 2011 5:09 pm

Re: I know the answer to this already but....
 

Originally Posted by Spugsy (Post 9734437)
I'm going away for 15 days over xmas, if he does this I'll resign when I get back.

I was thinking you offering him the encouragement to pay up... :lol:

Spugsy Nov 15th 2011 5:15 pm

Re: I know the answer to this already but....
 

Originally Posted by Sandboy (Post 9734443)
the rules say no carry over so it is tough shit - it's often more about how its said than what is actually being said though

and it wasn't exactly their fault you couldn't take a holiday was it ?

in short, absolutely SFA you can do, we take their money and just have to suck it up sometimes

Yeah I realise this, just as we're a small company, and he's English - I sort of thought I might get something.

I've mailed him and asked him to let me have 5 days and got my creative director to have a word so there's hope, although very little.

Sandboy Nov 15th 2011 5:16 pm

Re: I know the answer to this already but....
 

Originally Posted by Spugsy (Post 9734485)
Yeah I realise this, just as we're a small company, and he's English - I sort of thought I might get something.

I've mailed him and asked him to let me have 5 days and got my creative director to have a word so there's hope, although very little.

twats tend to lose touch with reality after they've been here a while and start thinking like everyone else - being paid late will be breach of contract but that's ok because it's in their favour

Spugsy Nov 15th 2011 5:19 pm

Re: I know the answer to this already but....
 

Originally Posted by Sandboy (Post 9734490)
twats tend to lose touch with reality after they've been here a while and start thinking like everyone else - being paid late will be breach of contract but that's ok because it's in their favour

Aye exactly mate, it seems in Dubai, in the three companies I've worked for doesn't matter who they are, loyalty and hard work means ***** all.

Chris_m Nov 15th 2011 5:25 pm

Re: I know the answer to this already but....
 
i learnt very quick in the cops you're only as good as your last F**k up, Anything else above and beyond is scrubbed the moment they can. Take him for a beer get him chatting nice lil Russian lady on his lap, Cpl pics and if he's married am sure u can have the whole 7 off over Xmas.

Am not suggesting black mail in anyway but an Xmas night out may help you bond a little better :fingerscrossed:

norsk Nov 15th 2011 5:27 pm

Re: I know the answer to this already but....
 

Originally Posted by Spugsy (Post 9734485)
Yeah I realise this, just as we're a small company, and he's English - I sort of thought I might get something.

I've mailed him and asked him to let me have 5 days and got my creative director to have a word so there's hope, although very little.

you're entitled to the days off by contract right, so why don't you just tell him you're taking them off now (as in next week). as far as i'm aware if they don't let you take your entitlement and it's their fault they have to let you roll it over or pay you. i know the labour law is pretty shit, but this is still quite basic stuff which i expect will be covered.

edit: just reread your post and you say your first year was up. so is your holiday on a contract start basis? this is quite unusual i think...

Spugsy Nov 15th 2011 7:32 pm

Re: I know the answer to this already but....
 

Originally Posted by norsk (Post 9734507)
you're entitled to the days off by contract right, so why don't you just tell him you're taking them off now (as in next week). as far as i'm aware if they don't let you take your entitlement and it's their fault they have to let you roll it over or pay you. i know the labour law is pretty shit, but this is still quite basic stuff which i expect will be covered.

edit: just reread your post and you say your first year was up. so is your holiday on a contract start basis? this is quite unusual i think...

I got so many days per year, 20 I think - the first year is up and I haven't taken 7 days - I have a contract but don't think it's for any specific amount of time.

norsk Nov 16th 2011 3:38 am

Re: I know the answer to this already but....
 

Originally Posted by Spugsy (Post 9734709)
I got so many days per year, 20 I think - the first year is up and I haven't taken 7 days - I have a contract but don't think it's for any specific amount of time.

Sorry mate I was not being very clear. I meant that although a contract starts on let's say 1 November and is renewed annually, most companies run their holiday year from 1 January to 31 December and just accrue an allowance per month.

Essentially this means that although your contract was renewed a couple of weeks ago, it is likely that your holiday year (ie the period in which you need to take your full allowance within) runs until end of the calendar year.

It is of course possible that your company is one of those that don't do it like this, but as far as I am aware they are few and far between....

On a side note (and I think you're already going down this road), if your company is not paying you on time (and business is not as good as it was) it is definitely time to start looking for a new opportunity. Good luck mate!

Norm_uk Nov 16th 2011 3:58 am

Re: I know the answer to this already but....
 

Originally Posted by Spugsy (Post 9734381)
....My first year was up a few weeks back at work, we're struggling a bit so haven't asked for payrise (which says in contract we can talk about it) and we've been paid late the last three months.

Anyway as the police had my passport for 8 months so couldn't leave the country or even check into hotels I've had hardly any holidays.

Anyway spoke to the boss, told him I had 7 days left over and is it ok to roll them over for a little bit as I'm off for 10 working days over xmas, he basically told me company procedure was no and tough shit - I explained the situation, said it had been a busy year and I'd worked my nuts off and he said pretty much 'so what'.

He recently did my best mate and best out of nearly half his 10 years gratuity and doesn't seem to care less.

Now....(and yeah I know the amswer to this)....is there anything I can do?

We have no staff handbooks or anything so I didn't know, but I should have found out but well...seems a bit shit losing 7 days holiday after all the ahrd graft I've put in.

UAE Labour law is quite clear on things like annual leave etc...there is no carry over as far as I know. If you feel your company is clearly breaking the rules and have evidence for that seek legal advice and go to the Ministry of Labour. The problem here is the laws haven't been properly updated for a couple of decades so there's not a lot anyone can do. That said the government is looking into this and we can expect changes in the next few years.

Regarding your friend's gratuity - if he resigned he's not entitled to the full amount by law anyway...

N.

co durham boy Nov 16th 2011 4:19 am

Re: I know the answer to this already but....
 

Originally Posted by Sandboy (Post 9734443)
the rules say no carry over so it is tough shit - it's often more about how its said than what is actually being said though

and it wasn't exactly their fault you couldn't take a holiday was it ?

in short, absolutely SFA you can do, we take their money and just have to suck it up sometimes

We have a policy of running the entightlement through to 2 years but after that you lose it , it's a very clear policy to stop people banking leave and then using it as a wedge when your busy to disappear for 3 months or to be paid out in a cash benefit . If you can do without someone for 3 months you can do without them full time.

I don't agree with paying people for the leave they do not take , in this environment people must take there leave . Use it or lose it.

Personally when i sign a contract i leave nothing to chance with benefits , leave , entightlements and specifics . Its all down in the small print usually and that's where you get knocked.

Sandboy is right , some people just lose perspective here as they go power pissed so quickly and are usually well out of their depth in their decision making , that's usually down to inexperience and naivety.

Alarm bells should ring for anyone that is starting to get paid late , it's hand to mouth business practice which will usually end up tits up.

mentalist Nov 16th 2011 4:59 am

Re: I know the answer to this already but....
 
In the six plus years I have worked here, I always end up 7-10 days short, primarily because the boss (we are a two man operation) takes 8-12 weeks off per year, simply because he can. It's not ideal but neither is life. At least I always get paid at the end of each month.


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