Question: I have been working for a company since the start of this year but don’t get on with my manager. He made my days very difficult and asked me to resign.
I refused and said they could terminate me if they didn’t want me any more. I then received an email saying I was being terminated due to a lack of performance and problems in the department.
I am currently on my notice period, but my concern is whether I will be able to claim under the Involuntary Loss of Employment programme due to the reasons given for termination and the disagreement with my manager. SM, Sharjah
Answer: The ILOE is an unemployment insurance scheme that is mandatory for most employees in the UAE. The premiums are low but there are clear rules as to when a claim can be made.
Firstly, the employee must prove that the reason for unemployment is not due to resignation, so SM was right to refuse to resign in this case.
The Ministry of Human Resources and Emiratisation work permit cancellation application should state “termination” and a copy of that will need to be submitted with a claim.
To make a claim, the official website states: “The insured must not be dismissed from his work for disciplinary reasons in accordance with the provisions of the applicable legislation regulating labour relations in the private sector and human resources in the federal government.”
As the email stated that SM has been terminated due to performance, and he is also working his notice period, it is reasonable to assume that it is not due to a defined disciplinary reason.
If termination had been due to one of the disciplinary reasons outlined in Article 44 of the UAE labour law, he could have been dismissed immediately. However, that is not the case.
While SM will have been with this company for less than 12 months when service ends, he will still be protected provided he was previously employed and has had valid and continual ILOE insurance in place.
Employees need to have subscribed to the initiative for more than 12 consecutive months to be protected, but that can be with more than one employer and there must be continual payment of premiums.
A claim for ILOE must be submitted within 30 days from “the date of termination of the labour relationship”, which usually means the final day of employment with the employer.
A valid claim can be submitted through the website and the individual can receive a cash benefit of up to 60 per cent of their basic salary for a period of up to three months, or until they find new employment, whichever is sooner.
Q: I have been with my employer for about 12 years but plan to resign when my contract and iqama are due for renewal in March next year.
I have a sales job and receive commissions and various other benefits that are listed in my contract. Given that my wages vary and I get a commission every quarter, how should my end-of-service award be calculated? GA, Riyadh, Saudi Arabia
A: Employment laws in Saudi Arabia are mainly as set out in the Labour Law issued by Royal Decree M/51 Sha’ban 1426 (September 27, 2005). While there have been various official updates to this over the years, the main provisions still apply.
Article 84 states: “Upon the end of the employment relation, the employer shall pay the worker an end-of-service award equivalent to the amount of a half-month wage for each of the first five years and a one-month wage for each of the following years. The end-of-service award shall be calculated on the basis of the last wage and the worker shall be entitled to an end-of-service award for the portions of the year in proportion to the time spent on the job.”
The amount payable reduces if someone resigns with fewer than 10 years of service on a sliding scale, but the full amount is payable to GA.
The part that requires clarification is the term “basic wage”. In this context, a wage is not just a base salary but also usually includes various regular cash allowances and benefits in kind that are mentioned in the employment contract.
This means that allowances such as accommodation that are paid regularly should be included, although travel allowances are not included in this figure.
Generally, variable elements such as bonuses and commissions are excluded. This is as per Article 86 of the Saudi labour law, which states: “The wage used as a basis for calculating the end-of-service award does not include all or some of the commissions, sales percentages and similar wage components paid to the worker which are by their nature subject to increase or decrease.”
An employer can choose to include an average of commissions paid when calculating an end-of-service award, but that would be an unusual situation.
Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 30 years’ experience. Contact her at keren@holbornassets.comor at www.financialuae.com
The advice provided in our columns does not constitute legal advice and is provided for information only
