Originally Posted by dubaiguy2011

says the self-qualified lawyer who qualified from Bush Law School

Meow - given you are clearly an expert in absolutely everything, would you please explain how Article 141 dis-applies the requirement for employees not to receive an End of Service Benefit payment (and/or allows employers to disapply the application of the Federal Labour Law). The fact that you are clearly taking a considerable amount of time to argue and make your wrong point indicates you haven't a clue what you're talking about...

Article 141 of UAE Law No. 8 of 1980, as amended (the UAE Labour Law) allows an employer that operates a retirement or insurance plan to offer participation in that plan to expatriate employees in satisfaction of the employee's entitlement to Gratuity on the termination of employment. Under the legislation, an employee who is entitled to a retirement pension has the ability to choose between the more advantageous of (i) the statutory Gratuity entitlement and (ii) the pension entitlement. If the employee does not elect to participate in the retirement plan, on the termination of employment he or she will be entitled to an amount in respect of Gratuity, as calculated under Articles 132 to 134 of the UAE Labour Law (the Gratuity Amount) (assuming the employee otherwise meets all qualifying conditions for a payment).

Finally, you're the only one I see making personal insults on this thread (and Scamp is an acknowledged immature twit so we can discount him). FYI, I am not grumpy - I have no cause to be. But I do take exception to self-appointed and self-aggrandising "experts" pontificating on boards like this giving everyone mis-information in the name if "help", whilst at the same time self promoting..... Any more links for us to share?

Originally Posted by Scamp

So, surely that means that if you're part of a pension plan (which you agree to) then you're not entitled to claim gratuity?

Originally Posted by Theseus

No as far as i can tell (and i nearly failed law) it means if there is a pension plan available or you are part of a pension plan you can choose whether to take the gratuity or the pension benefit.


and also Meow - You've been lawyered!

Originally Posted by Scamp

So, surely that means that if you're part of a pension plan (which you agree to) then you're not entitled to claim gratuity?

Originally Posted by Blue Cat

We get a basic salary and benefits, yes it is a shame that we don't get EOSB on the whole package but that's life, at least we don't have the worry of find rent etc.

Originally Posted by dubaiguy2011

Scamp - it means that if (and that's a big IF) there is a pension plan in place for expatriate workers (which is rare in the UAE), then the pension plan can be no worse than the EOSB as provided for in the law, plus the employee has the choice to elect which he receives - i.e. pension or EOSB.

The point about employers not paying some form of EOSB/gratuity and not being able to contract out of or dis-apply the Federal Law (this is such a ridiculous notion that it makes me laugh every time I think about it) remains the same.

Originally Posted by dubaiguy2011

Do you have a UAE Labour card?

Originally Posted by dubaiguy2011

Scamp - it means that if (and that's a big IF) there is a pension plan in place for expatriate workers (which is rare in the UAE), then the pension plan can be no worse than the EOSB as provided for in the law, plus the employee has the choice to elect which he receives - i.e. pension or EOSB.

The point about employers not paying some form of EOSB/gratuity and not being able to contract out of or dis-apply the Federal Law (this is such a ridiculous notion that it makes me laugh every time I think about it) remains the same.

Originally Posted by Scamp

It's interesting how things can be interpreted differently.

As I said, to me it sounds like you pick which is worth more (assuming you know), if you don't you get EOSB.

Originally Posted by Blue Cat

my husband will have

Originally Posted by commander

Actually you can. I checked today. I dont get gratuity as I signed a waiver in my main US contract. As meow states, I am compensated elsewhere...pension scheme, bonus etc etc....

Originally Posted by dubaiguy2011

Scamp, there is only a choice to be made IF THE EMPLOYER OPERATES A PENSION SCHEME (which most don't) in which case the employee can choose the more beneficial of the two options. Otherwise EOSB is payable.

Originally Posted by dubaiguy2011

This won't help you personally... Are you working illegally (in which case you will struggle enforcing any rights).

Originally Posted by Scamp

I guess that Commander is one of the very few.