I have been working in Abu Dhabi for four years and plan to resign. My company says I am entitled to about 46 per cent of my ticket fare. Fifty per cent equals a one-way ticket home, but since I plan on staying here for another job, I would like to encash that 46 per cent. My company will not pay me and I would like to know if it is within my rights to demand this payment. N K, Abu Dhabi
Unless someone has a contract of employment that states that they are entitled to benefits in excess of UAE Labour Law, then the standard rules on leaving employment will apply. Article 131 states: “the employer shall, upon the termination of the contract, bear the expenses of repatriation of the worker to the location from which he is hired, or to any other location agreed upon between the parties. Should the worker, upon the termination of the contract, be employed by another employer, the latter shall be liable for the repatriation expenses of the worker upon the end of his service.” There is no partial entitlement to, or accrual of, a ticket to a home country and it is only payable on final departure. Some companies will pay for an annual flight for employees, but this is not a legal requirement. Whether any partial entitlement accrues is dependent on the wording in the contract of employment and it is not unusual for an employer to require an employee to work a full 12 months before they pay for a flight. Under UAE Labour Law, N K is not entitled to any payment in lieu of the cost of a flight as she does not plan to leave the country. Any other entitlement depends on the exact wording in her own contract of employment.
Keren Bobker is an independent financial adviser and Senior Partner with Holborn Assets in Dubai, with over 20 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE
The advice provided in our columns does not constitute legal advice and is provided for information only
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