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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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i just weant to ask if my company can file...

تم تقييم هذه الإجابة:
i just weant to ask if my company can file absconding case against me even i had a chronic desease while im working and that the reason i had not showing in my work because of my health problem but my 2 yrs contract already finish in my company

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the UAE Labor Law, which regulates the nature of the contractual relationship between the worker and the employer, as for the termination of work, first, the law guarantees the right of termination of the worker but under the terms and conditions, including what the employment contract is, whether it is definite or indefinite.Thus the following legal articles clarified the matter as follows:
Article (113)
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
In this case, the employer can report an escape in case of refusal to resign, which results in the ban and deprivation and with it is not possible to cancel the ban, so it must be settled with the employer to avoid it

الرد من العميل

so my company can gile absconding case to me even i had a valid reason to not go to work cause of my health condition

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, first, according to the law, the contract is the law of the contracting parties, and therefore the work cannot be terminated except according to what has been clarified to you. The employer presents you to a medical commission committee to examine you, because the employer can replace the job in a way that is commensurate with your health status until the end of the contract term.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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