Annual Leave as per UAE Labour Law

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Annual leave for Employees as per UAE Labour Law

There are various types of Leaves that an employee is entitled to:

  1. Annual Leave,
  2. Sick Leave,
  3. Maternity Leave(only for women!)

In this post I will cover Annual Leave.

annual-leave-laws

Annual leave is a basic right of every employee guaranteed by the UAE Labour Law. Full-time employees working in the UAE are entitled to leave and holidays as per laws in the country, which broadly include annual or recreation leave, sick and maternity leave.

Mandatory leaves in UAE: As per Section- 2 Article (74), every employee is entitled to an official leave with full pay on the following occasion:

  • Hijri New Year’s Day – one day
  • Gregorian New Year’s Day-  one day
  • Eid Al Fitr (end of Ramadan)-  two days
  • Eid Al Ada and Waqfa – three days
  • Prophet Mohammed’s Birthday-  one day
  • Isra and Al Mi’raj-  one day
  • National Day – one day

Note: Every company in UAE must adhere to the above official leaves. If the employees do work on these days, an overtime must be paid to these employees.

Below are the various Articles in UAE Labour Law which mention and explain about Annual Leave:

As per Article (75)- Each employee is entitled for annual leave after completing each year of service as mentioned below:

  • Two days leave for every month if his service is more than six months and less than a year.
  • 30 days annually if his service exceeds one year. At the end of the service the employee is entitled to an annual leave for the fraction of the last year he spent in service.

Note: UAE Labour Law mentions about Calendar days leave in this Article.

As per the Article (76)- The employer may at his discretion determine the date for commencement of annual leaves and, when necessary, he may decide to divide the leave in two parts at the most, except in cases of juveniles where vacation may not be divided in parts.

Note: As an employee, you could decide when your annual leave starts. However, note that annual leaves are allowed after completion of 1 year at most companies. You could divide your Annual leave into 2 parts at most.

As per the Article (77)– The calculation of duration of annual leave shall include holidays specified by law or by agreement, or by any other day because of sickness if they fall within the leave and shall be deemed to be part thereof.

Note: If any official holidays or sickness occurs during the Annual Leave, then they are treated as part of Annual Leave.

As per the Article (78)- An employee shall be paid his basic wage plus the housing allowance, if applicable, and any other allowances which he receives in the normal working month.

If however, work circumstances require keeping the employee during whole or part of his annual leave and the leave has not been carried over for the following year, then the employer shall pay him his wage in addition to a leave allowance for the day he worked equal to his basic wage.

Note: Salary during Annual leave will include Basic salary and Housing allowance. Other allowances may not be paid.

As per the Article (79)- An employee is entitled to receive cash in lieu of annual leaves not availed by him, if he was dismissed or if he left the service , after the period of notice stipulated by law. Cash in lieu is calculated on the basis of pay received by the employee at the time of maturity of such leave.

In other words, the employee is entitled to payment for the annual leave period not taken if the employment is terminated either by way of resignation or termination. Such payment is calculated on the basis of the basic wage received at the time the leave was due.

Accrued leave pay is based on only basic pay it doesn’t includes housing, transport or other allowances.

As per the Article (80)– Annual leave shall be paid to the employee before taking his annual leave, the employee shall be paid his full wage, plus the wage of his leave days he deserves according to the provision of this law.

As per the ARTICLE (81)

If exigencies of work necessitate that the employee work on holidays or rest days against which he receives full or partial pay he shall be compensated in lieu thereof with increase in pay by 50% of his wage, but if he has not been compensated for the same with a leave, the employer shall pay him an increase to his basic wage equivalent to 150% of the days of work.

As per the ARTICLE (82)

If the employee falls sick for reasons other than labour injury he must report his illness within a period of two days at most and the employer must take necessary measures having him medically checked up to ascertain illness.

As per the ARTICLE (83)

1. During the probationary period, the employee is not entitled to any paid sick leave.
2. If the employee spends over three months after completion of the probationary period, in the continuous service of employer, and falls sick during this period, he becomes entitled to a sick leave not more than 90 days either continuous or intermittent per each year or service, computed as follows:-

A. The first fifteen days with full pay.
B. The next thirty days, with half pay.
c. The subsequent period, without pay.

As per the ARTICLE (84)

Pay during sick leave shall not be made if sickness resulted from mis-behaviour of the employee such as consumption of alcohol or narcotics.

As per the ARTICLE (85)

The employer may terminate the services of an employee who fails to resume his duties at the end of such leave as stipulated in Article (82), (83) and (84) hereof, and in such case the employee shall be entitled to his gratuity in accordance with the provisions of this Law.

As per the ARTICLE (86)

If an employee resigns from service because of illness before the lapse of the first 45 days of the sick leave and the Government Medical Officer or the physician appointed by the employer justifies the causes of resignation, the employer must pay to the employee his remuneration due for the period remaining from the first 45 days referred to above.

As per the ARTICLE (87)

A special leave without pay may be granted for the performance of pilgrimage to the employee once through-out his service and shall not be counted among other leaves and may not exceed 30 days.

Note: This is applicable for Muslim employees once during their tenure at a company.

As per the ARTICLE (88)

During the annual leave or sick leave provided for here under, the employee may not work for another Employer; however, if the employer has established that the employee has done this, he shall have the right to terminate the service of employee without notice, and to deprive him of the leave pay due to him.

As per the ARTICLE (89)

Subject to the provisions herein contained, every employee who does not report to duty immediately after expiry of his vacation, he shall be deprived of his pay for the period of absence commencing from the day following to the date on which the leave has expired.

Note: If you delay rejoining your company after the Annual Leave, you will not be entitled for any pay for the days you are absent.

As per the ARTICLE (90)

Without prejudice to cases where the employer has the right to dismiss the employee without notice or gratuity as prescribed herein, the employer may not dismiss an employee or serve him with a notice of dismissal during his leave as is provided for in this Section.

Note: Companies have no right to dismiss an employee during their leave period.

I am sure these Articles in the UAE Labour Law provide you a detailed view of Leaves, Annual Leaves and your rights as an employee.

An employee cannot work for another company during the annual leave, if you do so an employer has the right to terminate your service without notice and withdraw him of the leave pay due to him

Every employee must report to work upon completion of annual leave. Upon failure to report to duty, the employer has the right to withdraw of his pay for the period of absence commencing from the day following to the date on which the leave has expired.

Except under Article 120 of the Act, The UAE Labour Law does not allow an employer to dismiss or issue termination warnings to employees when they are on annual leave.

Annual Air Ticket en cashing procedure:

Air ticket policy is very flexible in nature. It is a benefit in kind not in cash so it shouldn’t be encashed. Annual Air ticket procedure is related to company policy and practice and it is not covered under UAE Labour Law.


317Comments

  1. Joey agao says

    hi deepak, is it posible to apply 30 days local leave if i finished 1 yr in service? because i’m planning to take driving lesson here in dubai while on leave..thanks in advance.. :)

  2. riyas says

    hi

    I joined 03.05.2013 and I took leave on 02.05.2014 and I went vacation 30 days and I got leave salary 30 day basic. Next year 02.05.2015 I went vacation, then I get 28 days because as per our accounts I worked 11 months only and leave days of previous year not take.

    My question is, as per UAE law the above calculation is right? If it wrong please send UAE labor law and mention which article is saying.

  3. Gaurav says

    hi,

    i just want to ask one thing i complete my one year in next month. i want to resign due to some personal problem and go back to my home country. i am giving 30 days notice to my company as per law. am i eligable for one year leave salary i did’nt take any leave in these 12 months.

  4. Lei says

    good day!

    we are in an unlimited contract company, we resigned after 2 yrs of service and didn’t use the annual leave, how many months should the company pay for our final settlement?

    thank you!

  5. Sherwin says

    Hi Deepak,

    I finish my 1 year to the company last May, and want to take only 5 days local leave and get back to work after that. As per my knowledge, I will get my basic salary + housing allowance + air ticket ( to be converted to cash). But our accounts told me that I will only get my basic salary, as per UAE law he says, please advice, thanks in advance!

    Sherwin

    • Deepak says

      Sherwin,
      You must receive leave salary as per your contract.
      Please ask your Accounts to guide you in labour law point where is this written!!

  6. Imad says

    Hello!,

    I would like to ask regarding leave calculation for an employee

    as per the article 75 it says 24 days for the first year and 30 days from the next year forth.

    I am deriving a annual leave policy and would like to calrify the following

    Employee A – is working from Sat – Thu 9am to 5pm

    AND

    Employee B – is working from Sun – Thu 9am to 5pm

    how would i calculate annual leave on the completion of first year for Employe A and Employee B

    and for next year also???

    • Deepak says

      Imad,
      Sorry for the delay in replying. I was out of station for couple weeks.
      The leave calculation depends on whether you consider working days or calendar days.
      There is no distinction with regard to employees for leaves.
      Everyone must be provided the same leaves. However, your company could have internal leave policy depending on various Grades.
      For juniors it could be 24 working days and for senior staff it could be as you decide.

  7. Dragg says

    Hi!
    Are public holidays counted during notice period when you resigned?
    How many days does it normally takes to transfer visa from free zone to free zone company?

    • Deepak says

      Dragg,
      Public holidays are paid and hence are counted as part of notice period.
      Can’t really comment on the second query as it depends on many factors.

  8. Sumi says

    I am a nurse working in Dubai and I am pregnant now. My contract is expiring on 26/11/2015 and I am planning to rejoin after my annual leave & Maternity leave by 18/11/2015 (1 week to finish my contract) and I am not renewing my contract. In this situation can I get Annual Leave (30 days) plus maternity leave (45 days) COMBINED (from 05/09/2015 – 17/11/2015 – 75 days).

    • Deepak says

      Sumi,
      If you have annual leaves pending and if your employer agrees to combine annual and maternity leave, you could take them.
      However, when will you server the notice period?

  9. George says

    Dear

    Last year I took 37 days of leave in different months. My company paid only Accommodation allowance on my holidays (Our wage break-up is Basic + Accommodation + Transport). Since last year, my company paid Basic Salary + Accommodation for all employees as their leave salary. Now, My question is

    1. Shall I eligible for a leave salary this year? as I took 37 days leave, but no basic salary paid on these days.
    2. If yes, is it only basic salary? (Because, in my 37 days leave, company paid accommodation allowance only)

    Please help.

    • Deepak says

      George,
      1. It depends on your company as leaves could be deducted this year.
      2. Full salary must be provided.

    • Deepak says

      George,
      1. That will depend on your company whether they consider future dated leaves.
      2. Again depends on company. They might deduct your current year leaves.

  10. Mohamed Bathiudeen says

    [ 5 Days (Causal + Sick Leave) and 30 Days Earned leave entitle per Year ]

    can you please explain, what is mean by earned leave in the above statement.

  11. ivy says

    Hi Admin,

    This is the scenario, his joining date is July 30, 2014 and he end his service on Aug. 9, 2015 its like he render 1 year and 9days in the company, is he entitled for annual pay leave and the company give him a one way ticket to his country as he don’t want to continue to work.

    Looking forward for your kind and prompt reply.

    Jan20

  12. Navas says

    Hai Deepak,

    I had completed 4 months in my company, now i want to go 5 days leave, as per UAE Labour Law is it possible to take annual leave.

    • Deepak says

      Navas,
      Depends on the company policy.
      But most companies do provide leave without pay during probation.

  13. Amjad Ali says

    Dear Admin

    I have doubt about annual leave payment if you can please clarify the following:

    If an employee has joined an organization on 01-01-2013 with total salary Dhs. 5000 and planned to go on annual leave on 01-01-2015 but he got an increment of Dhs 1000 on 01-07-2014. As per law how we can calculate his payment whether the leave payment will be based on the old salary or new ?

  14. Jamil says

    Hi Deepak,

    I am working under for a DTMZA Tecom registered company and recently got married.
    I’ve been told that for for this particular occasion and the change of my status from single to married, I am entitled to additional days of annual leave and to a salary package raise or bonus.
    Could you confirm that and give me more details/infos/law articles ?

    Thanks in advance

    • Deepak says

      Jamil,
      I am not aware of any such general laws.
      If your company has them, you are lucky!

  15. minago says

    Dear Deepak,

    I was just confused about the annual leave, as an employee we have right that every after one year you can take your annual leave right? I’m in a unlimited contract type. So it’s two years contract

    My one year as working in his est. is on November 2015, this year. I want to file a annual leave, so when it will be the right time to tell to my boss that I’m going to take my annual leave after one year of service in his est.?

    Second question.

    Is it possible that my boss will not grant or approved my annual leave?

    To be specific I’m planning to take my annual leave on January 2016, is it right for an employee to give a definite month?

    Waiting for your response!

    So much thanks Deepak!

    Yours truly,’
    Minago

    • Deepak says

      Minago,
      Usually companies have leave calendar which is decided right at the beginning of the year.
      You are eligible for annual leave, however it will depend on the company requirements.

      • MINAGO says

        Hello!

        So it’s possible that my annual leave will not be granted on what month I will used it?

        Waiting for your response.

        Thanks!

  16. Barbara says

    Hello Deepak,

    After 12 month of service an employee is entitled to 24 working days off;
    – When an employee goes away for the 30 days vacation, during his/her month away on vacation does he/she earn any leave day i.e. 2 days per month of service?
    – Should the company start calculation of leave days entitlement upon his return to work the month after his vacation or it is continuous?

    Thank you.

  17. Yazer says

    Hi,

    Your guidelines are a big hand for the people here.

    My annual leave was supposed to be on March 2015.
    I did’nt applied for it then because my son was attending school here.
    Now i applied for my leave before 2 weeks but I am not getting any proper reply on my application.
    I could understand from some sources that, Management has approved some vacations apart from mine.

    What shall i do to ensure the exact status of my application, because i need to book tickets for my family.
    When i check with admins, they are replying that “Your application is not yet returned from head office.”

    Is it is permitted to hold or reject a leave application in normal conditions [Ie, no salary advance, no pending assignments etc] ? Please note that i am applying for the leave almost half year later to the actual month.

    Thank you in advance,

    • Deepak says

      Yazer,
      Leave approvals are subject to internal company process.
      Annual leave is right of every employee.

  18. Zyra says

    Good Day!

    I just want to asked if I can take even just a two days vacation this eid, I am currently working here in UAE and I am planning to have 2 days vacation in Oman..would there be no problem in that case?

    Thank you!

    • Deepak says

      Zyra,
      You have to ask your company about this and obtain approval to take vacation.

  19. nory says

    How can i compute for my accrued leave pay? Is it based on my basic salary alone or should i include my housing allowances? please advise.
    Thanks and more power

    • Deepak M says

      Nory,
      Mostly it depends on company policy.
      However, usually companies do pay full salary for leave duration.

      • Jenny says

        NEED YOUR ADVICE!!

        Im working under limited contract. And this is my second contract hopefully to finish in SEPT 11.
        Due to CHANGE MANAGEMENT my annual holiday was been cancelled.
        I just send them a request to give me even 7 days holiday. And my wish granted but they will deduct my 7 days salary and i shoulder my airline ticket.
        Covered dates of my holiday is July 3 to July 9 .. and I book my return ticket July 10 coz it was FRIDAY my regular off day . Unfortunately I was very sick since JULY 7. So i send them an email last JULY 9 attached my medical certificate, referral for hospital admission and my return ticket book on July 10. Until now I didn’t receive any response.

        Im planning to return to work this JULY 16.

        Some of my colleagues heard that the company will not allow me to return to work and they will terminate me.

        Any advice please
        Am Im doing the right way??

        • Deepak M says

          Jenny,
          Everyone under labor law is allowed for paid annual leave.
          If there is a valid reason, they have to accept the sick leave.
          This can not be the ground for termination as you have already informed them.

  20. Meriem says

    Hi Deepak,

    Please help me to clarify the ticket eligibility

    One of our employee applied for annual leave on 15.08.2015, on 1.11.2014 his employment status has changed from single to married status….my question is the air ticket eligibility of his spouse calculated from the date of new agreement or on accrued leave days? his date of joining is 01.08.2011

    Your answer is highly appreciated.
    Thank you,
    Meriem

  21. sabahat says

    If the annual leave is taken in the previous year in the mid or lets say on 20th December, will this leave of 30 days will be included in previous year or the coming year
    i mean 10 days of previous year is confirmed to be included in annual leave of previous year and rest 20 days would be included in the new year or in the previous year

  22. Jabir says

    Leave Salary

    If I took leave without pay for few days, will it effect my leave salary?

  23. moosa says

    i did not go for vacation for last 2 years and i am planning to resign if my salary is not increased at least before renewal , so how company is going to pay my 2 years leave salary and other benefits

  24. saby says

    Could you please provide the formula calculation for the Annual Leave encash for UAE.

    many thanks

      • Dino says

        Hi Deepak,

        If employee’s salary is increased one month before going for vacation , which salary would give as leave salary, whether the old salary or current salary.

  25. Muammad says

    I have completed one year in my company and now in second year, my last year leave quota is now over. now i need to visit my family back home for 3 days.

    my company says i need to complete 6 months in second year of service to avail the next year leave quota.

    does this rule apply

  26. Ashish says

    Dear Deepak,
    I am working in a free zone in JLT. We come under DMCC
    as a annual salarymy company pays only the basic + Accomodation.
    Please advice if this against the labour law.
    Regards
    Ashish

  27. Armi says

    Hi Deepak,
    In reference to End of Service Entitlement computation, i want to know if the leave balance payment should be based on gross salary computation or based on basic wage only? also, which portion in UAE labor law supports that leave balance settlement must be based on the gross salary.
    pls. check also if my formula/ computation is correct:
    i.e. monthly salary X no. of leave balance then divided by 30 days = total of leave amount to settle by the company

    Thanks!

    i hope my computation formula is correct. also

      • manzoor says

        Hi,

        where to get the reference from UAE labour law for paying leave salary on full salary? i have the latest UAE labour Law book and according the article 78, only basic and housing is payable.

        moreover, if it is end of service than the employer shall pay the leave on basic only. Dubai Civil Case no. 90 of 2003 is supporting document for paying on basic.

        please let me know where to refer for paying leave salary on full?

        • Deepak M says

          Manzoor,
          Usually companies do pay leave salary in full.
          However, labour law does say to pay the leave salary with Basic+housing. For most companies this is the full salary. So it is not too clear.
          Please continue onto Article 80 of the Labour Law.
          There are lot of grey areas in the current labour law which I hope will be addressed in the upcoming labour law.

  28. paul says

    can my work y send me on forced unpaid leave if i am in my first year of employment

  29. PRAKASH KUMAR says

    hi
    deepak

    on annual leave the employer is paid to me an one year basic salary. i asked him to full salary .he calculate 60% of full salary. I just want to know is there any law.

      • A,K says

        Dear Dipak,
        my employer is deducting my transportation and food allowance when i leave for vacation.
        he sad this is as per labour law.
        its clear in article 78 that basic + housing only.
        above ur saying must be payed fully is there any law supporting ur statment ?
        Regards
        A.K

  30. Kinzaa says

    I joined an organisation and worked for 3 months after which i had to leave for my home country. then after i returned to dubai, the organisation offered me to rejoin after a gap of approximately 5 months.
    I joined them and now it has been approximately 5 months since i have been working here.
    Would i be entitled to any annual leave considering my rejoining period is less than 6 months?

  31. Hassa says

    Deepak,

    I just resigned couple of days a go from the company i was working for for sinds March 2014. At the moment I am here for the last 30 days only. So my month of notice since they haven`t employed a person yet so they need this time to do so. My questions are:

    – Can I get my annual leave paid in money?
    – Also my annual leave is that based on full salary or basic salary?
    – The day of employment is that the day I started working with the company or the day my visa got stamped in my passport?

    • Deepak M says

      Hassa,
      -Depends on the company policy.
      -Full salary.
      -The day you really start working.

  32. Vihanga says

    Hi,
    I’m working with this company for more than 7 years. I have a total balance leave of 70 days. My question is am I eligible to get the leave salary when I’m going for an annual vacation?
    Thanks,
    Vihanga

  33. Abdusamad says

    Hi,

    I am working in Abu Dhabi , my question Is my boss hold my annual leave. he don’t approve 30 days leave. 4 or 5 days holding. he can hold may annual leave? what is the Labour law.

    • Deepak M says

      Abdusamad,
      Annual leave is the right of every employee.
      However, it is company decision when to approve this.
      UAE Labour law does not say anything about this.

  34. martisa says

    Hi Deepak,

    Refer to UAE labor law, the leave duration will calculate by include the off day and public holiday? Please advice.

    • Deepak M says

      Martisa,
      If a public holiday falls during your annual leave, it is considered part of the annual leave.

  35. Thompson says

    Hello bro! pls advice very urgent, my friend we work in dsam company, our boss called him 2days ago said dey can no longer his salary from June dat he sud look for another job or dey cancel his visa and pay one way flight money, but we are suspecting its because its tym for d guy annual leave, maybe dey don want to pay, for dis reason we others are scared to confront dem for our leave so dat dey won’t tell us dsam….. secondly d guy got a job but d owner said he have problem with Nigeria visa dat my boss to dis guy noc so dat he can continue d work dere but my boss refused pls sir what can he do very urgent

    • Deepak M says

      Thompson,
      You will need to visit MOL and consult the officials about your case.
      They will find a solution for you.

  36. tanveer hasan says

    Hi sir please help me I am working in a company as a civil engineer I have completed 11months 18days I want to take my annual leave I already send annual leave application 15june to 15 July but my boss is not approve the application my boss told me that finished the site I send the application before 15 days but I am confused the site is not finished in 2 month in this case what I am doing tell me sir

  37. Name (required) says

    Hi sir! I would like to ask if company has the right to decide to whether you are taking your annual leave or not. My company decided to lay me off with out notice because of ramaddan, and I have not taken any leave yet for almost 2 years.

  38. Aziz Ahmad says

    Dear deepak
    Hope you are fine and happy.
    First of all thanks for your generous nature to so many people
    I had resigned from my company. I started with them on September 2013. I took one annual leave. For which I was paid only my one month basic salary only. And not the allowances. Now I resigned after approximately 21 months. How much annual leave I am entitled for? And also they refused to give me the air ticket back home.
    Please advice which way to follow to get my rights. Please give appropriate suggestion to act accordingly.
    Thanks.

    • Deepak M says

      Aziz,
      You are eligible for prorated annual leave.
      Air ticket policy depends on the company.

  39. Cherie says

    Hi Mr Deepak,

    I have completed one year in the company and was entitled of annual leave ticket. Now, due to my husband work relocation I have to resign. My question is, can I get my 30 days leave encashed in full amount, basic and allowance, and does my employer needs to provide me one way ticket to my home country as I am entitled a yearly annual leave ticket?

    Appreciate your response.

    • Deepak M says

      Cherie,
      Leave encashment is up to the company HR policies. SOme companies do,some don’t.
      However, salary must be paid in full till the last day of your work.
      If it is written in your contract that you are eligible for air tickets annually, then you must get it.

  40. Manoj Kumar says

    I want to know if someone returns from leave and the same day he falls ill, reports to hospital and gets two days sick leave. Will the company consider the two days as sick leave or as unpaid since he did not report to work, though he had called his superior and informed him over the phone.

  41. regie says

    Hi Mr Deepak,

    I am working in my company for 6 years and 9 months from the date of my joining.I haven’t taken my annual leave for 6 years.do I have rights to get it when my contract finished?

    Thanks and hoping for the response.

    • Deepak M says

      Regie,
      Yes. The company must compensate you for that. and also it depends on your company policy about carry forward of leaves.

  42. Yousaf Yakoob says

    Hi Deepak,
    I just want to clarify one doubt. I joined in my company on 22nd October 2013. As per my company policy, they will provide 60 days vacation in two years. So my doubt is – “As per Labour Law when will be my vacation?? 60 days vacation after completing 22 months or 60 days vacation after completing 24 months??” Kindly Clarify.

    • Deepak M says

      Yousaf,
      There is a difference between working days and calendar days. I think your company is following calendar days.

  43. Harish says

    Hi, i required the leave details as per UAE labour law. now they will calculate for an example CL=12 days and EL= 18. we carry foward this EL. if an employee is taken leave for an about 10 days. how will deduct this 10 days from above mentioned.

  44. Abdul Mujeeb says

    Sir I work 9 years same company but 2 years back my contract is renewed but I dont get any allowance same time. now I need resign but company told me your old allowance is already canceled any rule this allowance getting. all time are I give to all expences visa national id etc….

    • Deepak M says

      Abdul,
      No, gratuity must be paid to all employees who resign or are terminated after 1 year of service.

  45. Julien says

    My employer grants me 30 calendar days/year of paid annual leave. Should Fridays be counted as a leave day? For example: Let’s say take Thursday and Sunday off. Will that count as 2 days off? 3 or 4 days off?

    Also, as I work for an events & Entertainment company, we sometimes have to work on Fridays. I heard that we should be getting paid 150% of our salary for every Friday that we work. Could you confirm that please?

    Thanks a lot for taking the time to answer my questions,

    Julien

  46. Adil Aziz says

    Dear Sir,
    my joining in 27 Oct 2013, now i apply for vacation Vaccation is approved on 18 April 2015 now tel me what will be my leave salary ( is it my current basic salary or previous Year Basic Salary) Pls give refrence.

    Adil

  47. hazman says

    am working for two and half years and im in my vacation now but staying in uae and found a new job can i resign in my vacation period?

  48. santhosh says

    Hi Deepak, Can you please advise me if an employee completed his two years period and he already taken 90 days of Leave days with in this two years, how do we calculate his Leave salary?

    • Deepak M says

      Santhosh,
      I do not know the company policy on leave calculation. Hence cannot comment!

  49. ravshan says

    hi kindly advise… i have worked for the company for 5 month already but i would like to resign due to some matters, would i be entitled to the accured leave lets say 10 or 12 days for 5 monthes plus 4 public holidays which i have acquired and use those to substract from the 1 month period and serve 15 days instead of a month? or would i not be entitled to receive those because i have not finished 6 month; or would i still be entitled as the laws say i could be entitled if resigned? does this 6 month rule work here too?

    thank you in advance

    • Deepak M says

      Ravshan,
      That will depend on the company policy!
      Accrued public holidays should be paid either compensatory off or in salary as overtime.

      • Ravshan says

        Thank you very much Deepak, please also advise on the accured annual leave, am i eligible by law to be paid if i have not finished 6 month but resigned?

  50. Mudassir says

    Can you kindly tell me to calculate annual leave pay work days will be divided by 335 days or 365 days. As i listen employee must work for 11 months and 12th will be is annual leave month. Like here is Two years visa so with two years he will work for 22 months and remaining 2 months will be his annual leave. Kindly advise.

    • Deepak M says

      Mudassir,
      It is 360 or 365. Where you get 335 from?
      It is up to the company to send on vacation annually or every 2 years.

  51. Edsa says

    I resigned with my job rightnow and i will be 9 months . I know i have accrued leave of 2 days per month which is 18 days. Are my employer obliged to pay me for that 18 days right?

    • Deepak Machado says

      Edsa,
      Yes, you must be paid the accrued leave.
      Further, this may also depend on the company policy.

  52. Beba says

    Dear Deepak
    I would like to know you take your annual leave, if you come back before weekend (exactly on Thursday by the leave and at work on Sunday) they will count them (Friday and Saturday) as days on leave as well??? My normal work week is Sunday to Thursday inclusive.
    thanks for your answer.

  53. Beba says

    I would like to know if when you take your annual leave, if you come back before weekend (exactly on thursday from the leave, but at work on sunday) they will count them as days on leave as well
    My normal work week is Sunday to Thursday inclusive.
    Thank you for the answer!

    • Deepak Machado says

      Beba,
      This depends on how your company calculates number of days.
      If they count working days, Friday and saturday will not be counted as leave days.

  54. Onyx says

    Hi Deepak, Have been in company for several years and with annual leave balance of 60 days. Due to a reported medical situation I have just completed my 15 days full-paid sick leave and is now entitled to further 30 days half-paid leave. However, since half-pay will not suite my current money situation I am obliged to consume 30 days of my above mentioned annual leave balance (to guarantee full payment) and which is ok with my company. My question is as follows: Is there a way that I can be paid the 30 days of half-pay together with my paid leave days for the same 30 days that I plan to take further (Medical report for further 30 days treatment available). Thanks

  55. Olesya says

    Good evening!
    Please advice this month I Complete one year and I use 7 days annual leave and 16 days unpaid vocation. I was applying for 14 days vocation next month but my boss refused and said that I entitled for 30 only in total. Is it can be that in firs year I am not entitled for for vocation? Also he inform me that I have only 7 days vocation until 2016. Kindly ask you to advise me If I am able to take 30 day every year since joining time? Thank you

  56. James says

    Just to be clear, If I take part of my annual leave, lets say 20 days. And during my time away, Eid is called (for 2 days) do I lose those 2 days from my annual leave, or are they regarded as public holidays. The wording is at best a little ambiguous in the labour law and just wanted clarification.

    • Deepak Machado says

      James,
      This will depend on how your company calculates leaves; whether they encompass public holidays or not!

  57. Shereef says

    hi could you tell me accrued leave salary should be paid on basic salary or last pay full salary?

  58. Mae says

    Hi sir!

    Can you shed some light on my current dilemma. I joined the company last April 29, 2013. My end of contract will be on June 11, 2015. Now, I am planning to take a vacation leave from may 11 till june 11, 2015. This is because I am planning to give birth in my home country and by may11 I will be 32 weeks on my pregnancy. I am also not planning to renew my 2yrs contract. I requested that and talked to our director but he told me that it is not allowed. He can only give my vacation leave as cash and I should wait until my end of contract which is june 11. He will cancel my visa and insurance card. He will not pay for my plane ticket as well. The only option for me is to renew my contract but i told him that I will be staying for good.

    Are all his claims allowed as per UAE labor law? I need some advise. I don’t plan to extend my contract with them.

    • Deepak Machado says

      Mae,
      You could resign at any time. That is your decision. You may also decide not to renew your contract.
      However, you have to provide proper notice period.
      Your Director needs to know that employees could resign prior to completing the contract as per their wish.
      If you are getting vacation salary by cash, it is good.
      He need not pay your plane ticket as you are resigning.

  59. Human Resource says

    Dear Deepak,

    Good Day,

    I have a question, while an employee is on unpaid sick leave.Is she or he can earn annual leave.

    Kindly reply.

    Many thanks

    • Deepak Machado says

      Yes,
      they are eligible as long as the sick leaves are officially recorded.
      Although this is not clearly written in the labour law, this must apply as sick leave is granted by law.

  60. jone says

    hi deepak

    I have taken 17days Medical Leave and 10 casual leaves from my total quota of 30 this year. As per uae law how you will calculate my remaining avail annual leave.

  61. kumara says

    after 12 years and 7 month i resign from my company , every two years i have both ways ticket , company already provided 6 air ticket for me past 12 years , since i have resign will they give me ticket to go my country i have given 30 days notice . some one told me if i given 30 days notice they (company) has to provide me a ticket . if any one knows the low please reply ….becouse my company may not give me ticket .

    • Deepak Machado says

      Kumara,
      This will be as per company policy. They may or may not provide you the air ticket.

  62. Jose says

    If I avail of the annual leave entitlement of 30 days of previous year in January 2015,will leave period, i.e. January 2015 be considered for current year leave calculation . [ I mean, whether I am entitled for leave of 2.5 days of January 2015]

    • Deepak Machado says

      Jose,
      This is a company policy on how they consider. In my opinion, if your previous leave is pending, then your previous leave will be deducted and this year’s leave will be accumulated.

  63. roma says

    Hello sir, can you please help me. I’m almost 2 years in my company and will end my contract on 30th March (im not sure because labor id expires on that day). I have not taken any leave yet and I was thinking of taking my leave payment for my 1st year of service and for my 2nd year, will they give it?

  64. Raju says

    Hi Deepak, what would be the postion of earned leave during the period an employee is on unpaid leave. E.g. would the annual leave (@2 per month) accrue if say he is on 1 month unpaid leave. So would he be entitled to those 2 days in that month.
    Thanks in advance for your answer.

  65. SHOEB says

    Hi Deepak ,.

    does the sick leave per month is deducted from the leave salary calculation ?

  66. Muhammad Mubeen says

    I want to know whether an employee is entitles for air ticket in case the contract is not finished and he resigned from the job. (unlimited contract)

  67. waheed says

    ohh sorry

    my basic salary is 3000 and my joining date is 01.04.2014 and i a taking leave on 08.03.2015 my one year is not complete yet please i need calculation in detail thank you

  68. hilda says

    Hi! September 2013 I went for emergency for one month and March 2014 i went for 20 days same reason its emergency now Im almost 2 years in the company I want to go vacation for one month and they are counting for 60 days annual leave i already got 50 days i want to know if they can deduct from my two leave salary the 20 days

  69. waheed says

    hi Mr. Deepak how are you can u tell me about annual leave salary calculation pleas
    my joing date is 01/04/2014 and on 07/03/2015 i will take leave

    • Deepak Machado says

      Waheed,
      Sorry, I am unable to calculate as you have not provided full details such as salary.
      Also, I do not know your company policies.

  70. khan says

    Mr.Deepak i want to no i am going on leave from 01 May to 30 May 2015 as per my annual leave . As per law is that i have to get my leave salary at the time of going on vacation or it will be paid once i am return from my vacation. Plz advice.

  71. Mark says

    I am working in sharjah based company and my one year end of service will due on march 05 2015. I planned to have my vacation on march 22 and I have already submitted annual vacation leave form to my manager but he says that he will not sign any leave form until june. Is this lawful? Do i dont have the right to choose which date should my leave starts? please give advice mr. Deepak. Tnx

    • Deepak Machado says

      Mark,
      Company has right to approve or reject your leaves according to company requirements.

  72. ranjith says

    Hi deepak
    i worked in ajman bsed furniture company more than 4 and half years.Now i will resign from this comapny.But hr manger informed me he will calculate leave salary only for basic and its not covered HRA and allowance.
    Normally i will get leave salary with HRA but it after finished my yearly vacation leave and come back time IN UAE.
    But he told now iam resigning so he will not give HRA,He can only give basic salary .
    what is the calculation of leave salary (resigning time)

      • Nancy says

        Dear Deepak,

        Please can you help me with the calculation of the unused leave for the year 2015 only.

        The employee resigned and the last day is on 19th Feb 2015

        He already used 2 days leave

        I am not sure about my calculation which is something like this;
        30/12 x ((49/360)x12) = 4.13 days his leave from Jan to Feb19
        4.13 – 2 days = 2.13 remaining days

        49 days = from 1st Jan until 19th Feb

        Waiting for your reply.

        thanks n regards

  73. Mark says

    Hi, every employee is entitled for 30 days annual leave, but in my case, i have used total of 15 days within a year. i applied for my remaining annual leave of 15 days + 18 days unpaid leave, my boss approved it. and the Hr does not allow me to take the 18 days unpaid leave. they told me to re apply and make it 5 days unpaid leave only. is it fair?

    • Deepak Machado says

      mark,
      It is fair in company’s terms.
      You will need to justify the unpaid leaves.
      May be with a proper reason, HR may sanction these leaves.
      Nothing about this is referenced in Labour Law.

  74. Shing says

    Hi! I just want to ask on how to calculate the salary leave. I am working in a general trading company from April 2013. I just take my 15 days vacation this December 30,2015-January 13,2014.May i know how much will be my leave salary?
    Basic Salary – AED 2250.00
    Allowance – AED 250.00
    My salary was increased to AED 3,000 from AED 2500

    Please advise

    • Deepak Machado says

      Shing,
      This will depend on how companies calculated number of days per month. Some companies consider 31 days and some 30 days.
      So in your case there is no definite answer.

  75. Rahim says

    For two years, I have applied for leave but not sanctioned. After 2 Years, the completion of contract I have left the company. I am receiving House allowance. Am I entitled to encash the basic + HRA or Just basic only?

    • Deepak Machado says

      Rahim,
      you are supposed to receive all the dues for the time you have worked with the company. HRA till the time you have worked.

  76. adnan says

    Hi Deepak,
    I am working in the private company i have finished 11 months if i will
    apply for annual leave should i get 30 days leave with leave salary.

    • Deepak Machado says

      Adnan,
      Yes. But that will depend on company whether they are ready to give you full 30 days at one stretch.

  77. Vijeesh says

    My salary is 6000
    Basic 3000
    Housing 2000
    Travel. 1000
    So how I can calculate my leave salary

  78. umar says

    i am working in national paints sharjah and i have already Complete two year and i just want to take leave salary, but i don’t want to annual leave.

  79. aldrin says

    Greetings! Mr. Deepak,
    My brother is working in sales. He finished more than a year of his contract. He supposed to take his annual leave last december 2014 but the compny disapproved for the reason they will be on sale… Now his applying his annual leave for the month of feb 2015 but the company allows him 15days only for the reason its a new rule.. Is he not entilled for the 30days annual leave? Wat he will do?

    Thanks!

  80. Sayeed says

    Dear Depak,
    I completed 2 years with the company. During this 2 years I went only one time for leave which is 133 days. can you please tell me how to calculate my pay days and unpaid days leave salary?

  81. Ian says

    My wifes sister is working in a shop on a fixed contract, 2k basic and 2k housing.

    Her second year finishes in april. She has asked for her annual leave before her contract ends, but her boss says that is illegal. Please advise what to do in this instance. Can he refuse her pay to the end of the year and only pay 2k for leave

    • Deepak Machado says

      Ian,
      No it is not illegal to go on leave before the contract ends. However, the company may have policies.

  82. Siva Mohana Subramanian says

    sir,i am working in a private sector for past two years.i already reneve the visa for another two years but now i don’t want to continue here.
    please give me some guidness about ban .

  83. rona mae says

    I am working in our company for 2 years now under unlimited contract and i have renewed my contract already. i haven’t taken my annual leave for 2 years and now i plan to take my vacation after 3 months now i want to know if i am entitled for a free plane ticket from my company since i finished my first contract with them. thanks!

    Read more: http://emiratesdiary.com/job-tips/annual-leave-per-uae-labour-law#ixzz3Mawrip9c
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  84. Javed Khan says

    Mr deepak,
    Hi I have a question to u is if I go to my village by telling my owners for 1 month but if I don’t come back means I don’t want to come back then what kind of a ban steps on me is that kind of ban step on me that I cannot go to entire gulf countries for my whole life.

    • Deepak Machado says

      Javed,
      you may be reported as absconded by the company and this will result in immigration ban.
      Yes, this may be a possibility if there is a GCC visa and labour unification.

  85. rona mae says

    I am working in our company for 2 years now under unlimited contract and i have renewed my contract already. i haven’t taken my annual leave for 2 years and now i plan to take my vacation after 3 months now i want to know if i am entitled for a free plane ticket from my company since i finished my first contract with them. thanks!

  86. vijay says

    i am working in Dubai Media City under Tecom and i have already Complete two year and i am just going to Resign So i Want to Know That i am Liable to Get my Annual Leave on Basic Salary or Full Salary?

    Thanks

    • Deepak Machado says

      Vijay,
      I am not sure about your company policy on annual leave encashment.
      Yes you have to receive your salary in full.

  87. Dilshath says

    hi, Am resigning from my company and i have pending Annual leave, so do i can go for vacation and those days i can include with 30days notice period after my resignation.

    thanks

    • Deepak Machado says

      Dilshanth,
      most companies do not allow this.
      you could request them to encash leaves instead.

  88. bernard says

    Mr Deepak, just wanna ask about annual leave pay, my salary is 5000 AED but my basic is 1500 AED only presently they are giving only basic salary for my annual leave, i am now 10 yrs on my company , is there any chance that i can get what they have not paid me upon leaving the company?

  89. Claire says

    while im in a middle of my anual leave is t possible to give a resignation letter?

  90. Claire says

    Is it possible to send a resignation letter while ur still in a middle of your annual leave?

  91. Ranjith says

    Want to know how the annual leave salary is calculated? Is there a new law stating that transportation allowance should not be given while paying leave salary? Or is it full monthly salary

    • Deepak Machado says

      Ranjith,
      Leave salary has to be the gross salary paid and there can be no deductions.

  92. Paul says

    i have resigned on my company and i worked for them for 2years and 10months. i didnt take my vacation leave, now they gave me the leave salary but the air ticket is not included. does any law that provides the details of this matter about my air ticket? am i not entitled to have it after resigning? thanks

  93. Agnelo says

    Hi,
    If someone goes on a non-paid leave on Thursday (working day), and returns back to work on next Sunday (working day). It is a 10 days absent from previous Thursday to current Saturday.
    There are 2 Fridays, & 2 Saturdays in between the working days. Will the salary deduction be calculated for 6 days or for 8 days ?

    • Deepak Machado says

      Agnelo,
      This depends on how the company calculates the leaves whether based on working days or calendar days.
      If calendar days, then 8 days will apply.

  94. Saidul says

    Hi, I finished 34 month in my company, when I finished 2 years I draw my leave salary then I worked almost 10 month now I want go for leave but my manager said that “now you can’t go for leave because company already paid for your 2 month leave” I don’t even know about that rules. can you help me about that problem ?

  95. Joy says

    Hi Deepak,

    One of my employees went for maternity leave and used her balance leave days also. Totally 5 months she was on leave. My question is whether she will be eligible for leave provision for 5 months also, or we have to calculate her leave from the date she rejoined?

  96. Krishnan says

    Sir,
    How to calculate the annual leave of 30 days in a year, whether when he work for 11 months and the 12th month has to be considered as annual leave or has to work for 12 months then the 13th month will be as vacation.

    Expecting your reply on this.

      • Jessica says

        Hi Mr. Deepak,

        I’d like to ask. I’ve been working for 1 year and 2 months in sa Construction company. I have not taken my leave and leave salary yet. Now, I ask my employer for my leave salary for the 1 year of service, he said, I cannot take it. Only after the contract is finished. What should I do? By the way, our salary is 1 month delay. Please advise me. Thank you.

  97. sunil singh says

    hi, i want to ask that i have completed 2 years in four star hotel but hotel has taken sign on my employment letter mentioning that if i leave hotel i have to give 3 month notice period, i have completed 2 years of my contract and visa is valid for 3 years so now i want to leave the company and only 1 month vacation i have taken so if i give resign for three months can i use my 1 month of leave lieu of notice period.

    • Deepak Machado says

      Sunil,
      No, you can not do that.
      However, asking your employer may solve this.

  98. Zahid says

    Hi, i have been working more than 14 years in a company in uae,i would like to know about the leave salary & gratuity.

    1.My employer has been paying me leave salary only basic,can i claim it at the time of leaving the job.
    2.What will be my gratuity,the employment contract is old & it has not been updated since i got an increment the salary on contract is less than my current salary,if gratuity will be paid on Basic wages then how my gratuity will be calculated since i got the increment salary description has not been shared with me,like Basic,HRA,Transportation & others.Will my basic will be calculated 60% of gross salary or not.

    I will highly appreciate your advise.

    Thank You

    • Deepak Machado says

      Zahid,
      1. Entire salary should be paid as leave salary. Yes, you may claim.
      2. Gratuity is depending on latest drawn basic salary.

  99. chacha says

    but is there any chance to pay the 2months notice period? theyre insisting that its not payabale because i signed the contract. it is so unfair because as per the law they should give me annual vacation but even single day i haven’t received anything

  100. chacha says

    Hi!
    I am working in an unlimited contract. I am 2yrs working in a company and they didnt give me yet a vacation. can i use my pending vacation to cover my 2 months notice period?

    • Deepak Machado says

      Chacha,
      This depends on your company policy and nothing about this is mentioned in labour law.

      • chacha says

        but is there any chance to pay the 2months notice period? theyre insisting that its not payabale because i signed the contract. it is so unfair because as per the law they should give me annual vacation but even single day i haven’t received anything

  101. valentine says

    Please sir, what will happen to a worker that went on one month vacation without coming back to uae

    • Deepak Machado says

      Valentine,
      The company might put absconding in the system and you may not be able to come to UAE.

  102. Question says

    If taking unpaid leave do you still receive allowances based on your contract as stated in the Labor Contract? (Do you still receive full housing allowance for the time that you are taking unpaid leave)

  103. Rizwan says

    I said my employer to take my annual leave on march 2015 which was supposed to be taken on Aug 2014 because of personal reason,but my employer is forcing me to take before march .is this applicable as per uae law? and is there any provision to complete my two years contract with out taking my annual leave? please advice me

  104. Adnan Javaid says

    Hi,

    I would like to know that I still have 25 working days leave balance for the year 2014. In case, if I leave the company then what is the formula for calculating the equivalent Annual leave cash entitlement?

    Are the balance working days be converted to calendar days first? (Considering in mind five working days per week).

    Please also advise if Calculation is based on Basic Salary?

    • Deepak Machado says

      Adnan,
      Company will adjust the leave salary as per their policy.
      Not sure about 2nd query.
      Yes, basic salary is considered to calculate gratuity.

  105. Ike says

    Hi,
    I took day-offs every Thursdays and these were agreed to be deducted from my annual leave. How many days will it be counted per week considering that I took on Thursdays? Is it legal to include the Fridays and Saturdays?

  106. Gino says

    Hi! I just want to know, im on a freezone visa and currently taking my annual leave vacation, I have an offer from other freezone company, can I submit my resignation letter during this period?

    Can I also just pay the compensation notice since I want to submit an immediate resignation?

    Thank you.

    • Deepak Machado says

      Gino,
      You may resign but check whether ban is applicable.
      The compensation part depends on company.

  107. Mickey says

    I am going to use one day of my leave for a wedding. The day that I will be taking is a Thursday. Returning to work the next Sunday. My normal work week is Sunday to Thursday inclusive.
    By taking one day off prior to a weekend, will the weekend days be also included? In other words, will I lose 3 days leave even though I am only taking one day off?

  108. Minhaj Shaikh says

    my salary was 2000 and my basic is 800 and at labour office they settled 1000 leave salary, and i want to know how they settled, i worked 1 1/2 year, and paid one month notice termination compensation 2000 aed, gratuity 733, please just i want to know, the rules.

  109. ajmal says

    depak sir,
    i taken 3 month leave in 2 year service .is it will affect my gratuity?my labour card is expired ,can i cancell my visa legally .can i get gratuity .please reply me

  110. Raza says

    Hi,

    I have 40 days of leave balance and I want to take 30 days leaves.

    After 30 days I might have to extend my annual leaves for 10 more days, if I will do so, will the extended 10 days be unpaid or deducted from annual balance as per law?

    For the record, my company is always considering extended leaves as unpaid whether leaves are available or not. even though approved by HOD.

  111. ahmed says

    Hai Iam working for a more then 18 months and i take fist year annual leave. Now my company forcing me to go for leave 12 days and they’re telling me that we don’t have work .I dint Take any leave Iam attending daily my office spending full time .because I have financial problem that’s way Iam attending .is this possible that I can full salary.

  112. Syed says

    I’m working in a company my new visa only 06 moths old, i like to change my job, can i change the job or not. please reply me.

  113. Mehmood Ahmad says

    Dear Sir

    i am working al hazeem computer embroidery sharjah , my visa is sales representative my contract is unlimited it’s going to finish my labor card is on 20th December 2014 and visa and ID Card going to finish 12 January 2015, i want to know if i don’t want to renew my contract then what is end of services benefits due to my employee should pay, during this 2 year i went one time on leave because my mother death and company pay return ticket but i did’t take leave salary till now, my basic salary is 4000 + 1000 allowance per month, pls advise me what i can do if my employee will not pay anything if i will not renew contract, waiting for your best advise , thanks

  114. Lee says

    Hi good evening!
    I’m already 1 year and 6 months in my company and in the contact that I signed regarding annual leave I’m eligible as per UAE labour law. But my manager don’t want to allow me to take my annual leave. I’m already entitled take 30 days leave right?

    • Deepak Machado says

      Lee,
      How often a company grants annual leave is entirely upto company. However, annual leave is mandatory as per labour law.

  115. saed says

    i want to know the article No. 78

    ((An employee shall be paid his basic wage plus the housing allowance, if applicable, and any other allowances which he receives in the normal working month))

    this statement not on labor law 1980 is there any new updates for or modification for article 78
    as per the law its
    The employee shall receive his basic pay in addition to housing allowance, if any for
    the annual leave days. However if the exigencies of work necessitate that the
    employee works during his annual leave in whole or in part, and the period of leave
    during which he has worked, has not been carried forward to the next year, the

    *
    Amended by Federal Law No. (12) of 1986.

  116. Mohammed says

    One of my supervisor is eligible for 45 days leave until 18th Jul 2014 and he was paid for those 45 days but he had only 35 days as annual leave and return 22nd Aug 2014.

    Now he want to go for his exams in home on Jan 2015.

    Can he encash the remaining 10 days + the eligible annual leave (from 22nd Aug 2014 to Jan 2015) for his exams (or) that remaining 10 days annual leave is void?

    Please clarify.

    • Deepak Machado says

      Mohammed,
      Annual Leave is governed by respective companies and internal policies.

    • Deepak Machado says

      Aitot,
      Leave as per law. In the notice period, i don’t think you can take annual leave.

  117. Adna Vahora says

    Dear Sir

    I just want to know that I have been complited my 1 yr and 9 month n 11 days then I was resine. I have not taken annual leave. How much leave salary I will get. And how much Graduity.

    They are not canceling my visa. It is advisable to go to labour or police

  118. Charisse says

    Hi. I just wanna ask something. When are you entitled to have the two-way ticket? Because in my offer letter, it says there after completion of 24 months. But I will not going to renew my contract on my company. So on my 22nd month, i am going to have my vacation. is it possible that they will give me two way ticket? I will still finish my contract anyway. Thank you.

    • Deepak Machado says

      Charisse,
      Labour law does not mention anything about air ticket. It is company policy and facility provided to employees. Depends on companies.

  119. IDRISH says

    GREETINGS MR. DEEPAK,

    MY MONTHLY SALARY IS AED 7500 AND BASIC AED 4500, I HAD WORKED WITH MY EX-COMPANY FROM 17TH FEB 2013 TO 24TH SEPT 2014, SINCE I HAVENT COMPLETED 2 YEARS WITH THE COMPANY BUT I HAD AVAILED THE SECOND ANNUAL LEAVE IN APRIL 2014..

    NOW IN FINAL SETTLEMENT MY COMPANY HAD DEDUCTED AED 2413.79 AS I HAD AVAILED 7 EXCESS LEAVE…THE HR IS SAYING THAT THE CALCULATION IS AS PER UAE LABOUR LAW..

    CAN YOU PLEASE CONFIRM WHETHER ITS CORRECT OR NOT??
    MANY THANKS.
    IDRISH

  120. David says

    I have been working for a company since December 2010.My employer refused to give me my annual leave saying the situation is not favourable for the company since I am the only employee and he regularly travels for several months. Am I entitled to Payments equal to my salary for the almost 4 years that my employer refused to grant me my annual leave.will MOL be able to help me if I make a complaint.

    • Deepak Machado says

      David,
      Better to solve this issue with your employer or else you can address this issue to MOL

  121. praning says

    hi Mr Deepak M,

    we been employed to a shop and we close due to transfer another location. But its been 5 months until now we still didn’t open.
    Are we entitled to get any salary even if we don’t have work ?

    • Deepak Machado says

      Praning,
      it is based on the agreement which you have it with your manager

  122. Roneil says

    Hi!

    Just want to ask. I had my annual leave last month of August and before going back to work may company sent me an email saying that the management decided to extend my leave until October. Now, they sent me a leave application form to fill-up and sign. One is for the paid leave which they changed the period covered from sometime in September to August, and another form for the unpaid leave which covers late of August to October. They said that these are for labour purposes. Isn’t it illegal that they are forcing me to sign the form which I did not apply to, even the force leave that they’ve given to me?

    • Deepak Machado says

      Roneil,
      If you have enough leaves you can take a annual leave. If you dont have any leave balance then it will be considered as unpaid leave

  123. Suresh says

    Hi Deepak, please confirm, leave pay calculations. One of our employee got relieved after 3 months service and the management agreed to pay 4.5 days leave pay. Pls. help me how to calculate this.

  124. Dilshad Hussain says

    Dear Sir,
    I am here for the first time in Dubai. After a year ,can i get leave. I heard that the first two years after the visa, cant get leave after one year. I have a two-year visa.

  125. Mitch says

    I am working for 1 yr and 3 mos now, my boss didn’t allow me to take my annual leave for this year, can i convert that into cash instead? thank you

  126. Rajesh says

    Dear Sir,

    I have worked for my company from Oct 2012 and went on leave in Aug 2014 i.e. nearly about two years how much leave salary am i entitled for kindly assist.

    Regards

    Rajesh

    • Deepak Machado says

      Are you speaking about encashing the leaves. That depends on company policies.

    • Deepak Machado says

      depends on your contract term for your annual leave. There is nothing like leave salary.

  127. Mohammed says

    Dear Sir,

    Good morning.
    I want to know according to UAE law, what shall I get paid before my annual leave as per my information below.

    Basic salary: AED10,000 per month.
    Rent and other allowance: AED5,000 per month
    Total monthly salary: AED15,000 per month.

    I have completed 12month works and entitled for annual vacation on September-2014.

    What would be my leave salary that is in September what would be the payment according to UAE law?

    Look forward for your comments and favorable reply.

    Best regards
    Mohammed.
    Dubai – UAE.

    • sunil says

      Your annual leave salary would be AED 15,000/- plus ticket entitlement if any specified in your internal agreement or as per the company policy.

  128. richard says

    How to calculate air ticket entitlement what is the computaion to accrued balance?

    • Deepak Machado says

      if you are entitled for ticket then company should compute on prorate basis

  129. saan says

    i was working last 8 month in our current company and last week am resigned from the company. am entitled for the leave salary.
    Somebody was saying that if it less than 1 year, am not entitled leave salary?

  130. DESERT_SHARK says

    I am dealing with a number of employees that intentionally accumulated large number of unused vacation/holidays. Can the company force them to use these holidays. In other words force them to go on long vacations in order to use these holidays.

    Also is encashment up to the discretion of the company? I am referring to those cases where someone wants to encash their vacation days and not when they are terminated and are left with unused vacation in which case they are entitled to cash them at the full rate.

    Regards

  131. ANVAR says

    I want to know, how to calculate over time for labours, as per the UAE labour law. Incase he is working in friday, or in case he is working in public holidays and normal days… please explain the calculation for this…

  132. Carla says

    hi, does the law says that annual leave calculation of 30 days include fridays and saturdays? we work 5 days a week, if i file for 30 days leave, do i count the friday and saturdays that fall on that 30 consecutive days?

    • Deepak Machado says

      Depends on company policy
      Some company follows calender days and some follows working days

  133. Yana says

    Dear Deepak,

    KINDLY ANSWER as per Law if its possible, as i should prof to my boss:

    If my LEAVE Salary was delayed for 2 years and my salary in 2011 less that now .
    Which leave salary i should receive – 2011 or present one ?????

  134. abu says

    hi as per uae labour law how many days vacation we have in one year ? vacation is calculated in 11 months or 12 months ?

  135. Danish says

    What IF company do not pay me my pending salaries before departure /travel time? they say that they will pay when you come back as usual, late salaries. Always 2 months delayed salaries since year 2008. what should I do?

  136. maria says

    If my boss offered me 1500 AED for the ticket on my annual leave but the cheapest ticket is 2000 AED do I have the right to ask or demand from my boss to pay the balance? because he based the airfare to his home country not my home country which the airfare is very expensive.

  137. Maria says

    If my boss offered me 1500 AED for the ticket on my annual leave but the cheapest ticket is 2000 AED do I have the right to ask or demand from my boss to pay the balance? because he based the airfare to his home country not my home country which the airfare is very expensive.

  138. anjanette says

    what would be the calculation for the annual leave? is it salary + the basic salary in the contract?

  139. marie says

    I need to take my annual leave on this May 9, 2014. I bought already a ticket for my first fight after four years. But my Boss change her mind she never allow me to take my passport for OEC registration….this is my problem, days is coming how can I take a leave. She never refund my expenses to. If I agree to take my vacation she never my annual leave salary also…pls I need help!

  140. Rafat says

    Hi,

    You mentioned “Accrued leave pay is based on only basic pay it doesn’t includes housing, transport or other allowances”.

    I came across this from some lawyers “Note the difference between the calculation of payment of an employee’s encashed leave versus an employee’s accrued but unused annual leave at the end of their service. Whilst encashed leave is paid at a rate of basic salary, accrued but unused annual leave at the end of service is paid at a rate of full salary. This is because in the first situation, the employee has chosen not to take their annual leave and instead encashed it, whereas in the latter the employee no longer has the opportunity to take their accrued annual leave (at the end of their service). The employee’s inability to take accrued leave is why payment is at full salary.”

    Please explain further.

    The link for your reference is http://www.hadefpartners.com/News/pageid/120-137/default.aspx?Mediaid=299

    -Rafat

  141. asim says

    I have to go my home country after a one year completion in the company. I sent an email to Manager five weeks ago. But my company boss said that i have to inform boss before 6 weeks. I also have an emergency in home country and I did not visited country since i joined company. What action should be taken in that situation. Should i complain to DMCC? My company is freezone company in JLT

  142. melanie says

    Dear Mr. Deepak,

    I have joined our company September 2013. And now I will pass to my boss my annual leave request letter on August. My fiance and I decided to go home in our own country to get married on October. Are there any possibilities that my boss will not allow me?, even though I have a reason to go home. And as for my work I am a secretary and a receptionist I know my position will be vacate if I will go vacation.

    • Deepak M says

      if you are entitled for anual leave i dont think your boss will reject your application. explain your situation and try to convince him

  143. doodz says

    can anyone give me a formula for calculation of annual benefits ….for example 2 yrs have already work then i consume 20 days vacation…can the vacation used deducted from vacation leave? what is the formula of computation..pleas help

  144. Darshana says

    I m on Husbands Visa and i worked in a co for 7 months without Labour Card, Am i entitled for Leave Salary? What will be my calculation? I was withdrawing Salary of 5000 per month. Pl reply thru mail.

  145. Bev'z says

    Hello Sir,

    Good afternoon,

    May I know the exact computation of Annual Leave? For example my basic wage is 1,000 plus 750 in home allowances and 750 for transportation… total of 2,500.. under UAE labour law “An employee shall be paid his basic wage plus the housing allowance, if applicable, and any other allowances which he receives in the normal working month.” Is it means that I will received a total of 2,500 as my annual leave payment? Please help me with this…..

    • Bev'z says

      The normal working month that I received is 2,500… plus 500 cash on hand in my boss. My total salary is 3000 but he include only 2500 in contract and he informed to me 500 will be given to me cash…
      I dont know how much I will be receiving for my annual leave.

      Please Mr. Deepak please help me.. by boss is telling me that I will receive only 1,000 because its my basic page in my contract.. but what is the meaning of this “plus housing allowance and any other allowances which you receives in the normal working month”…..

      Please there’s anyone who can answer me,, I need your help please.

      Please I need your reply…

    • Deepak M says

      You need to get same salary (what you recieive in other months) during your vacation leave

      • Bev'z says

        Thanks Mr. Deepak.. but sir according to my boss as per to company policy you will received only basic pay which is 1000 only.. What will I do sir? and what should I tell to him (like proof or any evidence) that would convince him to give the correct annual leave payment) Do you have any legal documents sir so that I will show that to him. Im new in company and all employees they encounter the same.. not full salary…, I want him to be oblige what is due to us.., Any legal article, law that can help us sir…, My plan is I will show to him the article 78 in UAE labor law.. is this correct….

      • Bev'z says

        Can you recommend any person who can help us with this sir.. person we can contact sir…, because of course I want to received that full and I’m sure he will insist on this.. and he will even threaten us… Like before…, his always like this…,

  146. SUMESH says

    USUALLY ALL THE EMPLOYEES IN OUR COMPANY TAKE LEAVE FOR A PERIOD OF 3-5 MONTHS YEARLY. THEN HOW IS THE ANNUAL LEAVE AND PAY CALCULATED?

  147. Shefeer says

    I work 1 year and 10 days in a company. As per as per my appointment letter, company should pay my annual leave two way plane ticket at the time of my annual leave in every year. But I didn’t go vacation and now I terminated from the company. Is I am eligible to get my two way air ticket cost plus one way ticket which is for termination going to home country. Total 3 way ticket costs ?

    • Deepak M says

      it depends on company policy. However you are entitled for one way air ticket as per law. It will be depend on company to pay you the cost of return ticket. However since you are terminated you are entitled for one way air ticket to your home country

  148. Bronwyn says

    I work under Tecom and my contract states a probation period of 6 months. I was terminated after 5 months. Is my company liable to pay me for my accrued leave over the 5 months I was there?

  149. Kriengsak S. says

    Dear Sirs,

    Please help me clarify for yearly annual leave.

    1 I worked complete 1st year, I already received 30 days annual leave.
    2 If 2nd year, I worked only 8 month. After that Company finished job, How many day the company will calculate for my annual leave benefit ?

  150. Josephine says

    I have the same question, if the salary changes, for example I within 1 year I have promotions and increment from 3000 salary becomes 3,800. Where I will base my vacation salary? Thanks hoping for a response.

  151. kawoon says

    From which salary should they base the leave salary? For example: I did not go for vacation for the last 3 years and my salary changes. Should they calculate it base on your salary on every year or they have to calculate it on your latest salary?

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