Question
I worked in my company for just one year and one month ago I was terminated without notice. My contract was for a limited period and was supposed to expire in April. As per the law can I calculate my end of service for one year or two years, as my contract was terminated before its expiry. Can I include commissions due with the basic salary while calculating my end of service, and do I have the right to get an air ticket? Also, if my employer withholds my experience certificate what can I do?
Article 132 of the UAE Labour Law states: “A worker who has completed a period of one or more years of continuous service shall be entitled to severance pay on the termination of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows:
21 days’ remuneration for each year of the first 5 years of service.
30 days remuneration for each additional year of service provided that the aggregate amount of severance shall not exceed 2 year’s remuneration.
As per the law, the employee has no right to include commission while calculating end of service gratuity unless the commission was part of his monthly salary. The employee must also get an air ticket home, provided they aren’t joining a new employer within the country, and the employee also has the right to calculate only the actual period worked not the total mentioned in the contract. Finally the employee has the right to claim for their experience certificate and the court can force the employer to provide this.
Question
I hold a 20 per cent share along with four other partners in an LLC company. For the past three years the company has produced no profit, therefore I am planning to sell my share. What is the procedure? Can I sell to a non-partner? If I have no right to sell to a non partner do I have to sell to a partner despite them offering less than the market rate?
Company Commercial Federal Law No 2 for the year 2015, Article No 80, mentions the following:
Article 80 — Procedures of Assignment of the Partner’s Share in the Company:
If a partner wishes to assign his share to a person who is not a partner, with or without consideration, such partner shall notify the other partners through the manager of the company of the assignee or the purchaser and the terms of the assignment or the sale. The manager shall notify the partners as soon as he receives the notice.
Every partner may demand to pre-empt the share as set forth in clause 1 of this Article within thirty (30) days from the date of notifying the manager of the agreed price. In the event of dispute on the price, such share shall be assessed by one or more experts with technical and financial experience in the subject matter of the share, as nominated by the competent authority on demand by the applicant for pre-emption and at his expenses.
If the right of pre-emption is used by more than one partner, the share(s) offered for sale shall be divided among such partners pro rata to their respective shareholdings, subject to the provisions of Article (76) of this law.
If the period as set forth in Clause 2 of this Article has lapsed without use of the pre-emption right by a partner, the relevant partner shall be free to dispose of his share.
