The UAE has recently updated its employment legislation by forcing the new Federal Decree-Law no. 33 which highlights changes in major employment aspects including end-of-service benefits, final settlement, employment contract, and much more.
The new UAE labour law has been active since 2nd February 2022 with full effect. The objectives of this new law have been designed to create a more active and dynamic labour market for the present decade by increasing the number of talented and knowledgeable employees in the labour market. A sharp focus has been laid on the rights of employees in the private sector of UAE this time.
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Several changes that have been made in the labour law of UAE aim to discuss the concerns of the employees and the employers in a frequently developing system of recruitment and employment in the UAE. Furthermore, this new labour law is intended to develop adults in the UAE that are more hardworking and sensible along with making the recruitment process more flexible in the labour market.
The new labour law discusses almost all aspects of employment and the labour market, however, this article will only focus on the aspect of new end-of-service benefits in the UAE and final settlement formalities.
Also read: Leave Salary Calculation in UAE
What is the Final Settlement in UAE Labour Law?
The final settlement as per UAE Labour Law is the procedure by which the calculation of all the payable dues is done for an employee who is retiring, resigning, or being fired by the company. It includes the calculation of all payable dues such as remaining salary, extra pay, tax deduction, or any other type of deduction.
It can also include end-of-service benefits in UAE calculation. The calculation is not only limited to payables but also includes deductibles. Anything that needs to be paid or deducted from the pay is included in the final settlement.
What is End of Service Benefits?
One of the most important rights of the employee towards his employer is the benefits at the end of his/her service. These benefits need to be paid by the employer to the employee at the end of the contract or service whether the employee is national or foreign. These due benefits need to be paid per the UAE labour law in the UAE.
Final Settlement & End of Service Benefits for Full-Time Employees
A major portion of employees in any company belongs to the full-time category. The new labour law has laid great significance on the benefits that should be given to full-time employees at the end of the service. Regarding these benefits, the following points are important to note;
- First of all, the new labour law requires employers to provide the national full-time employees of the company with benefits at the end of their service. If it includes their pension then it should be according to the legislation in the UAE that regulates pensions of the employees while maintaining social security in the UAE critically.
- The new labour law requires employers to provide benefits to foreign employees who have worked full-time for at least a year in the company. If the foreign employee has worked for several years, the benefits should include the wages of 21 days for every year up to the first five years. After the first five years, every succeeding year requires wages of 30 days to be given as benefits to the foreign employee at the of service.
- If a foreign employee has only worked regularly for a year, then the employer needs to provide the employee with benefits for different parts of the year proportional to one whole year.
- While calculating these benefits, the employer needs to exclude days in which the employee has been absent from work. These days are already unpaid.
- The employer should calculate the benefits of the employee by the very last entitled wage without ignoring the retirement benefits and pension regulation legislations. The calculation should be concerning different payment schedules such as per day payment, weekly payment, monthly payment, etc.
- The new labour law requires the employer to provide foreign employees with these benefits, however, these benefits should not exceed the amount that the foreign employee earned within two years of service.
- From all the benefits that need to be given to an employee, the employer can deduct any payable amount on the part of the employee if it is under any judgment or law. This process should also be done by the legislation.
- All the rules and regulations about benefits given at the end of service have been listed in the new labour law, however, the Ministry has a right to introduce any new scheme at any time which would be by the present labour law.
What Is the Deadline for End of Service Payment in UAE?
According to the Federal Decree-Law no. 33, the employer must provide the employee with all payable dues including benefits, final settlements, etc, within 14 days after their contract has ended. The new labour law gives a two-week deadline for all these formalities.
The payable dues can include remaining wages, benefits, and other entitlements that shall be paid to the employee fairly.
Do Employees Working in Other Work Patterns Get End-of-Service Benefits UAE?
Yes, employers must provide employees working in different work patterns, other than full-time, with benefits at the end of service. These benefits, as per Law No. 33, can be anything that is present in the employment contract and is accepted by both parties.
The purpose of these benefits should be the enhancement of the attractiveness and efficiency of the labour market of UAE in the eyes of both national and foreign workers.
What If the Employer Refuses to Pay Benefits?
In case of any dispute between the employee and the employer, the Ministry is responsible for addressing the issue and declaring its decision. If the case is not settled by the Ministry, it is forwarded to the competent court where the case is handled under the UAE law.
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If you want to learn more about the end-of-service benefits in UAE, ask our experts at Payroll Middle East and you will be provided with complete guidance. Learn from our experts about final settlement and benefits formalities so that you never go against the new labour law of the UAE.
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