إسأل محامي الآن

المحامي وليد الحلو

المحامي وليد الحلو

محامي

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

محامي

Hello my name is Doreen my previous spouse in Al...

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Hello my name is Doreen my previous spouse in Al Barasha worked for her one year and three months she was beating me calling me a dog not allowing me to communicate with my family she took my phone for one year and three months when i tried to ask her to call my family she hited me with metallic broom and fewell me outside of the gate after she had checked all my clothes: i had no options i went outside but now two months have moved for help but am not getting any help to give me my passport and counsed the Visa immediately but up to now refused to give me my passport coz she was keeping each and every document about me with her now now have entered over stay for two months plz i shall be happy for your positive consideration thank you.

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إجابة الخبير: المحامي وليد الحلو

المحامي وليد الحلو

المحامي وليد الحلو

محامي

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the UAE Domestic Law, if there is any violation to the provisions of the work contract you can leave the employer and can not force you to keep working, but you have to file a complaint in the Ministry of Labor and prove the violation by the employer while retaining all your labor rights.
Article (23)
1. Either party to the employment contract shall terminate it by sole will if the other party breaches its obligations under Articles 15 and 16 of this Law.
2. The employer and the worker shall have the right to terminate the contract. Other damages that the court may rule.
3. If the termination of the contract by the worker and due to a reason referred to after the probationary period, the worker shall bear the expenses of his return to his country, in addition to paying compensation to the employer equivalent to one month's comprehensive wage, any other entitlements to the employer in respect of the worker and any other damages the court may order.
4. In all cases of termination of the employment relationship, the Ministry shall have the authority to grant the worker a new work permit or not in accordance with the rules it decides in this regard, and taking into account the provisions in force in the State.
Article 13:
1. The worker shall be entitled to an annual leave of thirty days for each year, which shall be paid before it is performed. If the period of service is less than one year and more than six months, he shall be entitled to two days leave for each month. The employer may determine the date of commencement of the annual leave, and may, if necessary, divide it into two periods at most. A leave allowance for his working days equal to his basic wage. In all cases, the worker may not be employed during his annual leave more than once during two consecutive years.
2. The period of annual leave granted to the worker shall be included in the statutory holidays, an agreement or any other periods due to sickness if it interferes with such leave.
3. Subject to the provisions of Article (7) of this Law, a worker may, in case of renewal of the employment contract, collect the leave due to him for more than two years and collect them.
4.Every two years, the employer shall bear the value of the worker's ticket to and from his country of origin, or the cash allowance equal to the leave payable to the worker for two years, in addition to the value of the ticket, if the worker wishes to continue working and not to take leave.
5.If the employment contract expires or is terminated from one of the parties without the worker having received his annual leave, the worker shall be entitled to a cash allowance equal to his wage for the number of days of leave due to him. For the employer, in this case, the wage is calculated in its category at the time of dismissal.
Article (14)
The worker shall have the right to sick leave for a period not exceeding thirty days in the contractual year. He shall receive it continuously or intermittently when it is proved to be necessary by a medical report issued by the official health authority in the State, and shall be calculated as follows:
1. The first fifteen days with comprehensive pay
2. The following fifteen days without pay.
Article 21
1. If a dispute occurs between the parties to the contract and fails to settle it amicably, they shall refer it to the Ministry.
2. The Ministry shall take such action as it deems appropriate to settle the dispute amicably within two weeks in accordance with the procedures stipulated in the executive regulations of this law.
3. The case shall not be accepted before the competent court before following the procedures stipulated in this law and its executive regulations.
Article (26)
1. A worker who has completed one year or more in continuous service shall be entitled to the end of service gratuity at the end of his service. The days of uninterrupted work shall not be included in the calculation of the period of service. When the contract expires, the bonus account is renewed by renewing the contract.
2. The worker shall be entitled to a reward for the fractions of the last year in proportion to what he spent in the work provided that he has completed one year of continuous service.
Therefore, you can go to the Ministry of Labor and complain and explain the detail and claim all your labor rights.According to the UAE Labor Law, if you are an expat then the employer doesn’t have the right to take your passport. If they took it then you can ask them to return it, if they refuse then you can file a complaint in the nearest police office and you can take copy of the complaint to the labor office to clarify the violation by the employer. As the law allows the governmental entities with legal reason otherwise it considered legal violation but the private companies are not allowed to take the passport.

إسأل محامي

المحامي وليد الحلو

المحامي وليد الحلو

محامي

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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