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Archive for October, 2022

Gratuity Rules in Uae for Limited Contract

Saturday, October 22nd, 2022

Gratuity Rules in UAE for Limited Contract: Know Your Benefits

As an employee in the UAE, it’s important to know what your rights and benefits are, especially when it comes to monetary compensation. One such benefit is gratuity, which is a payment made to an employee at the end of their service. But what are the gratuity rules in UAE for limited contract employees?

Firstly, it’s important to understand what a limited contract is. A limited contract is a type of employment contract that specifies a fixed term of employment, which can range from six months to five years. In contrast, an unlimited contract has no fixed term and can be terminated by either the employer or employee with a notice period.

Gratuity for limited contract employees is calculated based on the length of service, as specified in the UAE Labour Law. According to Article 132 of the law, an employee who completes one year or more in continuous service is entitled to a gratuity payment at the end of their service. The payment is calculated as follows:

– 21 days of basic salary for each year of service, if the employee has completed less than five years of service.

– 30 days of basic salary for each year of service, if the employee has completed five or more years of service.

It’s important to note that the basic salary used in the calculation does not include any allowances or benefits, such as housing or transportation allowances. Additionally, the gratuity payment is based on the last basic salary received by the employee, not any previous salaries or increases.

If an employee with a limited contract terminates their employment before completing one year of service, they are not entitled to any gratuity payment. However, if the employer terminates the contract without a valid reason, the employee is entitled to the gratuity payment for the period of service completed.

If an employee with a limited contract completes their term of employment and signs a new contract with the same employer, the gratuity payment is calculated based on the total length of service, including the previous contract.

It’s important to remember that gratuity is a benefit provided by law and cannot be waived by the employee. Additionally, an employer cannot deduct any amounts from the gratuity payment, except for any outstanding debts owed by the employee.

In conclusion, as an employee with a limited contract in the UAE, it’s important to understand your rights and benefits, including gratuity. By knowing the rules and regulations surrounding gratuity payments, you can ensure that you receive the correct compensation at the end of your service.

This Agreement Together with

Saturday, October 8th, 2022

When it comes to legal documents and contracts, it can be easy to overlook small details in language that can have significant consequences. One such example is the use of the phrase “this agreement together with” in contracts.

The phrase “this agreement together with” is commonly used in contracts to list other documents that are part of the agreement. For example, a lease agreement might include language like “this lease agreement together with the attached addendum,” indicating that both documents are part of the agreement.

However, it`s important to understand that the use of this phrase can have unintended consequences in terms of interpretation and enforceability.

Firstly, including additional documents in the agreement can potentially alter the terms of the contract. If one of the attached documents contradicts the main agreement, confusion and legal disputes can arise.

Additionally, the use of “together with” can also impact how the agreement is interpreted when it comes to disputes. For example, if a party fails to comply with a provision in one of the attached documents, the other party may not be able to enforce the provision because it is not technically part of the main agreement.

To avoid these potential issues, it`s important to be clear and specific when identifying what documents are part of the agreement. Instead of using “together with,” consider using phrases like “as set forth in Schedule X” or “as attached hereto as Exhibit A.”

In summary, while “this agreement together with” may seem like a minor detail, it can actually have significant consequences in legal documents and contracts. Be sure to carefully consider the language used to identify what documents are part of the agreement to avoid confusion and potential legal disputes down the line.