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Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27331 | نسبة الرضا 98.6%

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Hi assalamualaikum. Pls help me bro get my...

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Hi assalamualaikum. Pls help me bro get my indemnity. I already end my contract my employer doesn't know about this role

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إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27331 | نسبة الرضا 98.6%

We would like to inform you that you should go to the competent labor department in the Ministry of Human and Emiratisation, complain against the employer and the labor office shall handle the complaint
The Ministry of Human Resources and Emiratisation announced that the complaint procedures. The worker can do these procedures through one of the facilitation offices, as follows:
1. First, the worker submits a complaint, receives a reference number, followed by a text message to him and the other party stating the content of the complaint, they try to reach to both parties of settling their issue amicably within 48 hours, or officially register it in the ministry. However, if the parties continue with each other and the complaint is dropped within 48 hours. The complainant can then apply to the facilitation centre to cancel his / her complaint without having to complete any procedures in the ministry.
2. Second, the complaint is referred to the ministry, if the first 48 hours of registration are passed without amicable resolve between the worker and the employer, it is referred directly to the ministry's system in the "Tawasol Section" box. The complainant then receives a new text message stating that the complaint is officially registered in the ministry's system. The ministry staff member will call you within three working days.
3. Thirdly, the ministry contacts the worker and the employer through a telephone, an employee from the ministry shall try to resolve the dispute amicably. If no resolve is made, both parties shall set a date for seeing the legal counsellor. A txt message shall be sent to you thereof.
4. Fourth, complaint parties shall refer to the labor office to meet with the legal counsellor, who shall define each party's legal position, concluding with either settling or dropping the complaint, or setting a new date for settlement or referral to court.
In case the parties reach an agreement in the presence of the legal counsellor, it shall be done through a settlement report signed by both parties of the complaint, and then it is saved in the system, under "annexes" term.
If an amicable settlement can not be reached, the complaint shall be referred to court, through creating a record containing the statements of both parties, their claims. Then, they shall be referred to see the labor judge in the labor office.
The worker is entitled to an end-of-service gratuity provided that the worker has completed a year with the employer, such that he is entitled to 21 days’ wages for most of the first five years of service, and in excess of that he receives 30 days’ wages for each remaining year.
Article 132 of the Labor Relations Regulation Law
A worker who has completed a year or more of continuous service is entitled to an end-of-service reward upon the end of his service. The days of absence from work without pay are not included in calculating the period of service, and the reward is calculated as follows:
1- Twenty-one days’ wages for each year of the first five years of service.
2- Thirty days’ wages for every year in excess of that.
It is stipulated that the total reward does not exceed two years’ wages.

إسأل Attorney

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27331 | نسبة الرضا 98.6%

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