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Discussion Starter · #1 ·
Although I have been working in the UAE for sometime now, on an unlimited contract, I have been made aware of various ruses that companies use to avoid paying full redundancy if an individual is to be "let go".

If (legitimate) redundancy is imminent I understand that an individual is offered a transfer to another company within a group. As a result they enter a new probation period and they are, surprise surprise, terminated at the end of the probation period.

Also failure to take up the "offer" of a transfer - can result in a termination "with prejudice".

Is this true?
How is it possible for an individual to get what he is entitled to?
Is there anywhere he could get advice on how to combat this?

Thank you

T
 

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No, it's not true, under Labour law then even if you're moved within the same group your entire period of work is counted as continuous.

Doesn't mean to say they won't try though.
 

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If they transfer you to another legal entity, they have to pay full gratuity. So your first example is simply incorrect. If the company is the same legal entity, then gratuity dates continue unaffected.

If they want to transfer you and you refuse, they have to pay you full gratuity as they have to make your role redundant.

Go to the MOL and you'll win and when you turn them down, tell the employer that you'll be straight to the MOL if they even think about not paying full gratuity.

The only way companies get away with it, is when people don't stand up for their rights and go to the MOL out of nervousness. Its a cultural thing and lots of rumours and half-truths.
 
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