In the United Arab Emirates (UAE), the Labor Law guarantees employees’ entitlement to end-of-service benefits, including gratuity payments, upon completing a one-year contract with a company. However, if an employer fails to fulfill this obligation within 14 days of contract termination, employees have recourse to address the issue. This article delves into the specific provisions of the UAE Labor Law, offering insights into the process of filing a complaint against an employer for delayed gratuity payment.
Understanding the Relevant Articles of UAE Labor Law:
Article 51: According to this article, expatriate workers who complete one year of continuous service are entitled to end-of-service benefits. This includes a gratuity payment calculated at 21 days of last due basic pay per year for the first five years of service and 30 days per year thereafter, not exceeding 24 months’ total pay.
Article 53: This article mandates that in the event of contract termination, whether initiated by the employee or the employer, gratuity payments must be settled within 14 days. Failure to adhere to this timeframe obligates the employee to file a labor complaint against the employer.
How to File a Complaint for Delay in Gratuity Payment: Step-by-Step Guide:
- Prepare Legal Documents: Gather all relevant legal documentation, including the employment contract, submitted applications, and communication records. Engage in dialogue with the employer regarding the delayed gratuity payment, citing specific articles of the UAE Labor Law.
- Read the Terms and Conditions of Contract: Thoroughly review the employment agreement to understand the terms related to gratuity entitlement. Ensure compliance with eligibility criteria stipulated in the contract to avoid complications during the complaint-filing process.
- Check Applicable Law Articles: Research labor laws and regulations governing gratuity in the UAE. Acquiring knowledge of legal rights empowers employees during dispute resolution processes, often handled by labor departments or employment tribunals.
- Submit a Complaint to the Ministry of Human Resource and Emiratization (MOHRE): If discussions with the employer prove fruitless, escalate the matter by filing a complaint with the MOHRE. Provide all necessary documentation and evidence of gratuity denial through one of the following channels:
- Contact the Ministry’s helpline number 80060.
- File an online complaint application via www.mohre.gov.ae or the official MOHRE app.
If amicable resolution attempts fail, the Ministry will initiate legal proceedings in a Labor Court. Gratuity benefits are computed based on final remuneration at termination, excluding allowances and non-monetary benefits.
Conclusion:
Adherence to the 14-day rule and proactive steps outlined in the UAE Labor Law are essential when facing a gratuity denial. Understanding and leveraging legal rights empower employees to navigate complaint-filing processes professionally and effectively.