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Muawia Saleh

Muawia Saleh

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Answered 14001 | Rating 98.7%

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My wife is employed in a firm since April 14 2014 and has been working since.This is in Dubai UAE. She is 5 months pregnant and wishes to go back to India for the delivery. Accordingly,she requested her employer of annual leave of 30 days,45 days paid maternity leave and 100 days unpaid leave starting from July 6 2015.She also requested her flight ticket be booked from July 6 2015 to Jan 2 2016 as per the above days calculation.Her ticket has been booked by the employer. However,her employer has informed her to work at half-pay for month of June citing her health conditions and cash-flow crunch in the office.He also gave the option to work full time at full pay for the month of June should my wife wish. On June 2 , I met the employer and discussed all these aspects and that she would rejoin work after she is back from delivery. I summarized the discussion and sent him an email copying my wife on June 2 itself. On June 3,he emails me back saying her employment will be terminated from June 30 and will be rehired once she is back.This was not discussed nor any official intimation given to my wife regarding termination. I feel he is doing this to avoid paying her annual leave salary,maternity leave salary and also one month notice. How do I legally address this ? She is going to India on July 6 and may be unable to extend her stay here.Talking to the employer is of no use as he has gone back on his word overnight as is evidenced by his email. My colleague was also present during the discussion on June 2 and he is also surprised as there was no discussion of termination of employment. I need your advice as my wife and me are going through stress due to this and I am afraid this can take a toll on her during her pregnancy. Please advice .

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Expert's Answer: Muawia Saleh

Muawia Saleh

Muawia Saleh

Lawyer

Answered 14001 | Rating 98.7%

Dear Sir
About your wife case , As i understand from your question that your wife contract is unlimited period contracts . so in this case :
1 : if the employer as you wrote before accept to give your wife holiday for 100 days plus her other holidays , so her should do it .cause he did already accept . especially you have evidence about this.
2: In case the employer insist to terminate the contract , he can do it . but your wife has those rights as it mentioned in UAE Labor Law :
A: compensation for the month ultimatum
B: end of service benefits are calculated by 21 days for each year, if the years of service for the wife less than five years and 30 days that were more years of service. (Required to be working for the second year running)
. C: arbitrary dismissal allowance is estimated by the judge . maximum salary of 3 months
D: instead of vacations owed to them.
E: expenses to return to her homeland
 You can visit the ministry of labor offices , and use your right to go to court*
ولغايات المزيد من الاستيضاح والاستزادة أنصحك بالقيام بعقد جلسة معي على الهاتف. وفي حالات مماثلة لحالتك وجدت أن الجلسة الهاتفة ساعدت بشكل كبير على توضيح الحالة القانونية بالتفصيل. إذا كنت ترغب في الحصول على جلسة الهاتف، سيكلف رسوم بسيطة للمكالمة، إضغط على هذا الرابط لحجز جلسة الهاتف:
jawabkom.com/3361365
لتواصلكم دائما, و يمكنك ايضا استشارة العديد من الخبراء على جوابكم, كالاطباء, و اخصائيوا التغذية, و المهندسون, و غيرهم

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Muawia Saleh

Muawia Saleh

Lawyer

Answered 14001 | Rating 98.7%

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