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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Lawyer

I resigned, finished to serve my notice period but...

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I resigned, finished to serve my notice period but my employee ask for license cost to set me free..I don't have money.What should I do

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الرد من العميل

ok sir

الرد من العميل

it's now 14 days ever since I finished my serving notice period please

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

According to the Labor Law, the worker could resign from work, provided that he has to notify the employer in writing, and commits himself to work during the period of warning agreed upon in the contract, provided that the period is not less than thirty days and not more than ninety days. A warning allowance, even if the failure to warn results in harm, and the compensation shall be equal to the remaining part
The UAE Labor Law states that:
Either party to the work contract may terminate the contract for any legitimate reason, provided that the other party is notified in writing, and the commitment to work within the period of warning agreed upon in the contract, provided that the period is not less than thirty days and not more than ninety days.
The work contract continues for the duration of the warning period referred to in this article, and ends with the expiry of the period, and the worker is entitled to his full wages for that period according to the last wage he was receiving, and he must work during that period if the employer asks him to do so, and it may be agreed to be exempted from the warning condition or Reducing his period while preserving all the rights of the worker for the warning period agreed upon in the work contract, and it is stipulated that the warning period be the same for both parties unless it is for the benefit of the worker.
The party who did not comply with the warning period shall pay to the other party a compensation called a warning allowance, even if the failure to warn results in harm to the other party, and the compensation shall be equal to the remaining part of it.
The warning allowance is calculated according to the last wage that the worker received to those who receive their wages by month, week, day or hour, and according to the average daily wage referred to in this Decree-Law for those who receive their wages by piece.
If the employment contract is terminated by the employer, the worker has the right to be absent during the warning period, one unpaid working day per week, in order to search for another job.

الرد من العميل

You know I've been driving taxi, been with the company for 10 months and my employer says even though I've finished to serve my notice period, I have to pay him back for the driving license he got for me ..I don't have money so he's not giving me back my belongings like passport

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

According to the mentioned facts, I would like to clarify to you that
According to the announcement of the federal authorities in the UAE, whether general the administration of the residence and foreign affairs or the ministry of human resources and nationality , companies or businessmen shall not keep the passports of the workers as these passports belong to the country which issued it and no one can keep it but the owner. If any employer hold the passport, then the worker can file a complaint against the employer which will result in forcing the employer to return the passport to the worker, imposing a fine, and stop the services by the ministry of human resources and nationality.

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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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