End-of-service benefits must be calculated to the end of the notice period. This should also include all days of annual leave accrued during this period. Getty
End-of-service benefits must be calculated to the end of the notice period. This should also include all days of annual leave accrued during this period. Getty
End-of-service benefits must be calculated to the end of the notice period. This should also include all days of annual leave accrued during this period. Getty
End-of-service benefits must be calculated to the end of the notice period. This should also include all days of annual leave accrued during this period. Getty

‘Will my gratuity include the notice period if I am on gardening leave?’


  • English
  • Arabic

My employer ended my contract after I had worked for them for more than 14 years. The end date of my service was May 18, 2022, and I was told not to work during the three-month notice period. However, I will be paid in full for these three months, according to the contract.

What will be my last date of service for calculation of my end-of-service benefits, according to the UAE Labour Law? Will it be May 18 or August 18, which is the end of the three-month notice period? SA, Sharjah

In some professions, it is normal to be asked not to work a notice period, whether a person is released or leaves of their own accord. This is often known as gardening leave.

The notice period still counts as a period of employment in law. So, SA must not only be paid in full, but he is also entitled to all other benefits during this period.

His end-of-service benefits must be calculated to the end of the three-month notice period — to August 18 in this case. This should also include all days of annual leave accrued during this period as well as any leave accrued before he was notified of the termination of his job.

I am travelling to Kathmandu, Nepal, on May 19 to visit an orphanage. I reached out to the orphanage to see what I could bring from Dubai and collected items for the children living there.

I am travelling with my children and we have a 30 kilogram allowance each. However, I have been donated approximately 250kg of items.

I would love to take everything that we have been donated as this orphanage and children have struggled since the earthquake in 2015.

We are flying with a budget airline and when I asked if there was a way we could have an additional baggage allowance that I would be happy to pay for, the automated response was no.

I need an extra weight allowance of 100kg, so is there anything you can do to get the airline to help? BF, Dubai

I contacted the airline to see if they could provide some support for this initiative, but a spokeswoman replied: “Unfortunately, we will not be able to support this initiative as the flight loads are very busy.”

“We have, over the years, supported numerous initiatives and worked closely with government and non-government entities to move essential goods, medical aid and other humanitarian relief supplies, and we will continue to do so when possible. We cannot support all initiatives, given we receive a large number of requests on a weekly basis,” she said.

“We operate a fleet of Boeing 737 aircraft and our cargo hold is limited, so you can appreciate that when it is a busy flight, there is not enough capacity to support with extra cargo weight. We wish you the best of luck on this initiative.”

This was a disappointing response, but the situation had a happy ending. FB was eventually able to obtain an additional allowance through an acquaintance who knows a senior employee at the airline, who personally approved the additional baggage allowance.

I hope her trip went well.

Some of my colleagues and I were asked to work over the Eid holidays. We agreed, thinking that we would be paid extra for doing this work.

However, our boss later said that it was just a normal working day and we were required to work as the company was busy.

Are we entitled to anything extra for working on public holidays? BF, Abu Dhabi

All employees are entitled to time off during a UAE public holiday or if they need to work, they must be compensated for doing so. This has always been the case.

Article (28) of the new UAE Labour Law, titled Public Holidays and Worker’s Work During Holidays, states: “1. The worker shall be entitled to official days with full pay on public holidays, which are defined by a resolution of the Cabinet. 2. If work conditions require that the worker works during any of the public holidays, the employer shall compensate him with another day off for each day on which he works during the holiday, or pay him the wage for that day according to the wage established for the normal working days, plus an increase of not less than 50 per cent of the basic wage for that day.”

Any employee who agrees to work on a public holiday should discuss and agree the compensation method beforehand.

If the employer fails to provide appropriate compensation, employees can register a case against the company with the Ministry of Human Resources and Emiratisation for breach of the labour Law.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information only

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Key facilities
  • Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
  • Premier League-standard football pitch
  • 400m Olympic running track
  • NBA-spec basketball court with auditorium
  • 600-seat auditorium
  • Spaces for historical and cultural exploration
  • An elevated football field that doubles as a helipad
  • Specialist robotics and science laboratories
  • AR and VR-enabled learning centres
  • Disruption Lab and Research Centre for developing entrepreneurial skills
The Bio

Favourite holiday destination: Either Kazakhstan or Montenegro. I’ve been involved in events in both countries and they are just stunning.

Favourite book: I am a huge of Robin Cook’s medical thrillers, which I suppose is quite apt right now. My mother introduced me to them back home in New Zealand.

Favourite film or television programme: Forrest Gump is my favourite film, that’s never been up for debate. I love watching repeats of Mash as well.

Inspiration: My late father moulded me into the man I am today. I would also say disappointment and sadness are great motivators. There are times when events have brought me to my knees but it has also made me determined not to let them get the better of me.

Expert advice

“Join in with a group like Cycle Safe Dubai or TrainYAS, where you’ll meet like-minded people and always have support on hand.”

Stewart Howison, co-founder of Cycle Safe Dubai and owner of Revolution Cycles

“When you sweat a lot, you lose a lot of salt and other electrolytes from your body. If your electrolytes drop enough, you will be at risk of cramping. To prevent salt deficiency, simply add an electrolyte mix to your water.”

Cornelia Gloor, head of RAK Hospital’s Rehabilitation and Physiotherapy Centre 

“Don’t make the mistake of thinking you can ride as fast or as far during the summer as you do in cooler weather. The heat will make you expend more energy to maintain a speed that might normally be comfortable, so pace yourself when riding during the hotter parts of the day.”

Chandrashekar Nandi, physiotherapist at Burjeel Hospital in Dubai
 

Company Profile

Name: Thndr
Started: 2019
Co-founders: Ahmad Hammouda and Seif Amr
Sector: FinTech
Headquarters: Egypt
UAE base: Hub71, Abu Dhabi
Current number of staff: More than 150
Funds raised: $22 million

COMPANY PROFILE

Company name: Blah

Started: 2018

Founder: Aliyah Al Abbar and Hend Al Marri

Based: Dubai

Industry: Technology and talent management

Initial investment: Dh20,000

Investors: Self-funded

Total customers: 40

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