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
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Zayed Sustainability Prize
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Playing records of the top 10 in 2017
How many games the top 10 have undertaken in the 2017 ATP season
1. Rafael Nadal 58 (49-9)
2. Andy Murray 35 (25-10)
3. Roger Federer 38 (35-3)
4. Stan Wawrinka 37 (26-11)
5. Novak Djokovic 40 (32-8)
6. Alexander Zverev 60 (46-14)
7. Marin Cilic 43 (29-14)
8. Dominic Thiem 60 (41-19)
9. Grigor Dimitrov 48 (34-14)
10. Kei Nishikori 43 (30-13)
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Living in...
This article is part of a guide on where to live in the UAE. Our reporters will profile some of the country’s most desirable districts, provide an estimate of rental prices and introduce you to some of the residents who call each area home.
Bharatanatyam
A ancient classical dance from the southern Indian state of Tamil Nadu. Intricate footwork and expressions are used to denote spiritual stories and ideas.
Yahya Al Ghassani's bio
Date of birth: April 18, 1998
Playing position: Winger
Clubs: 2015-2017 – Al Ahli Dubai; March-June 2018 – Paris FC; August – Al Wahda
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RESULT
Chelsea 2
Willian 13'
Ross Barkley 64'
Liverpool 0
FIGHT%20CARD
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Who's who in Yemen conflict
Houthis: Iran-backed rebels who occupy Sanaa and run unrecognised government
Yemeni government: Exiled government in Aden led by eight-member Presidential Leadership Council
Southern Transitional Council: Faction in Yemeni government that seeks autonomy for the south
Habrish 'rebels': Tribal-backed forces feuding with STC over control of oil in government territory
What is a black hole?
1. Black holes are objects whose gravity is so strong not even light can escape their pull
2. They can be created when massive stars collapse under their own weight
3. Large black holes can also be formed when smaller ones collide and merge
4. The biggest black holes lurk at the centre of many galaxies, including our own
5. Astronomers believe that when the universe was very young, black holes affected how galaxies formed
Aston martin DBX specs
Engine: 4.0-litre twin-turbo V8
Transmission: nine-speed automatic
Power: 542bhp
Torque: 700Nm
Top speed: 291kph
Price: Dh848,000
On sale: Q2, 2020
Sholto Byrnes on Myanmar politics
Our legal consultant
Name: Dr Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
SPECS
Engine: Two-litre four-cylinder turbo
Power: 235hp
Torque: 350Nm
Transmission: Nine-speed automatic
Price: From Dh167,500 ($45,000)
On sale: Now
Learn more about Qasr Al Hosn
In 2013, The National's History Project went beyond the walls to see what life was like living in Abu Dhabi's fabled fort:
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The Way It Was: My Life with Frank Sinatra by Eliot Weisman and Jennifer Valoppi
Hachette Books
Dhadak 2
Director: Shazia Iqbal
Starring: Siddhant Chaturvedi, Triptii Dimri
Rating: 1/5
The view from The National
Tonight's Chat on The National
Tonight's Chat is a series of online conversations on The National. The series features a diverse range of celebrities, politicians and business leaders from around the Arab world.
Tonight’s Chat host Ricardo Karam is a renowned author and broadcaster with a decades-long career in TV. He has previously interviewed Bill Gates, Carlos Ghosn, Andre Agassi and the late Zaha Hadid, among others. Karam is also the founder of Takreem.
Intellectually curious and thought-provoking, Tonight’s Chat moves the conversation forward.
Facebook | Our website | Instagram
WOMAN AND CHILD
Director: Saeed Roustaee
Starring: Parinaz Izadyar, Payman Maadi
Rating: 4/5
THE SPECS
GMC Sierra Denali 1500
Engine: 6.2-litre V8
Transmission: 10-speed automatic
Power: 420hp
Torque: 623Nm
Price: Dh232,500
What vitamins do we know are beneficial for living in the UAE
Vitamin D: Highly relevant in the UAE due to limited sun exposure; supports bone health, immunity and mood.
Vitamin B12: Important for nerve health and energy production, especially for vegetarians, vegans and individuals with absorption issues.
Iron: Useful only when deficiency or anaemia is confirmed; helps reduce fatigue and support immunity.
Omega-3 (EPA/DHA): Supports heart health and reduces inflammation, especially for those who consume little fish.
The%20specs%20
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The specs
Engine: 2.7-litre 4-cylinder Turbomax
Power: 310hp
Torque: 583Nm
Transmission: 8-speed automatic
Price: From Dh192,500
On sale: Now
Joker: Folie a Deux
Starring: Joaquin Phoenix, Lady Gaga, Brendan Gleeson
Director: Todd Phillips
Rating: 2/5
How has net migration to UK changed?
The figure was broadly flat immediately before the Covid-19 pandemic, standing at 216,000 in the year to June 2018 and 224,000 in the year to June 2019.
It then dropped to an estimated 111,000 in the year to June 2020 when restrictions introduced during the pandemic limited travel and movement.
The total rose to 254,000 in the year to June 2021, followed by steep jumps to 634,000 in the year to June 2022 and 906,000 in the year to June 2023.
The latest available figure of 728,000 for the 12 months to June 2024 suggests levels are starting to decrease.
The specs: 2018 BMW R nineT Scrambler
Price, base / as tested Dh57,000
Engine 1,170cc air/oil-cooled flat twin four-stroke engine
Transmission Six-speed gearbox
Power 110hp) @ 7,750rpm
Torque 116Nm @ 6,000rpm
Fuel economy, combined 5.3L / 100km
WITHIN%20SAND
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