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متابعة

Take a look at this case, your thoughts will likely help .read the script below.

An employee was hired for a1-year contract. The contract will end on October30,2014. Apparently, the employee wanted to end his contract. He wanted to take his vacation on October15 due to family reason. He wanted that his15 days vacation leave before he ends his contract will be just his unpaid leave and he will no longer return to his job as apparent to his1-year contract. Will this be possible, if he wants to avail the free airfare to be paid by his Company for himself?

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تم إضافة السؤال من قبل Joefil C. Jocson , CEO/President , Dyas Construction and Management Consultants
تاريخ النشر: 2013/11/19
Khaled Alhassoun
من قبل Khaled Alhassoun , Consulting Management - Senior manager , Price waterhouse Coopers

well, no body will give you the right answer. all are depends on the company's HR policy + the employee contract and sometime the country labor law

e.g my current employer doesn't allow for vacation leave during the notice period which is in your case the last month of the contract. while one of the X employer does allow that, but the employee has to give them notice two months ahead. 

Mike Adrian Obaña
من قبل Mike Adrian Obaña , Staff Nurse , Medeor 24x7 Hospital Dubai

It will actually depend on the country governing the labor laws. All companies should abide by the labor law that constitutes the right of all companies and employees, in any other cases that was not mentioned in the labor law, the contract signed by the employee and his agreement with the company will be respected.

 

If this case was to happen here in Dubai, he will be entitled for a leave.2 days leave for every month if his tenure is between6 months to1 year, meaning he is entitled for a22-day leave. Thirty day annual leave is only eligible if the employee exceeds one year tenure. If he wants to make use of his leave to cover the notice period that he had given to the company for his resignation, it will be under the discretion of the company if they will allow it or no, since the approval for the annual leave solely rests upon the employer depending on the type of job that he is assigned on. Annual leave still counts as a working day for an employee technically, meaning it doesn't affect the tenureship and he can use it to cover his notice period, provided that he didn't use his leaves before.

 

For the plane ticket, nothing in the UAE law provides that the company is entitled to pay for the plane ticket of an expat employee, it is just a common benefit that most companies practice today. If it states in your contract that you will provide him a ticket for his annual leave, it will be under the discretion of the management, you can give him the ticket or you can go technical on him and not provide him the ticket if it states on the contract that you can only avail it after your1 year tenure in the company. The company however cannot terminate or issue warnings on an employee who is on annual leave since it will be against the law. He is not going to be entitled for any end-of-service or gratuity pay if he terminates his contract (or resigns) before one year. 

 

In short, the employee just wants to have the airplane ticket paid by the company, because he is not planning to return back and just use his leave credits to cover his notice period of30 days upon resignation. So that's the only thing that the company will decide for, the issuance of a plane ticket to the employee, and nothing else. In my opinion, you can just give it to him since his contract is only for a year. It is basically going to be the same.

Wael Farahat
من قبل Wael Farahat , corporate Sales , JA Resorts and Hotels

Yes it is possible as long as he has balance and eligible to the free flight ticket

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