Question:
I have been working in a private company for 10 years. Five years ago, my employer gave me my end-of-service benefits based on my basic salary, which at that time was Dh4,000. Currently, my basic salary is Dh8,000, and I resigned from work. My question is: Do I have the right, according to the Labour Law, to claim the difference in basic salary for the previous five years? Please advise.
Answer:
As a general rule, each provision contradicting the provisions of the law, even if it was existing prior to its enforcement, shall be deemed null and void, unless it is more beneficial to the worker.
“Each discharge, reconciliation or waiver of the rights arising for the worker hereunder shall be null and void if it violates its provisions. Gratuity entitlement shall be taken at the end of service, not before; which means that you have the right to claim the difference in basic salary for the previous five years and leave the matter to the court to decide about it.
Regarding commission and overtime, they should be calculated at the end of service, taking into consideration the one year lapse of time and that both of these claims need to be proven by the employee.
