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Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 97.7%

Lawyer

Dear Sir,

تم تقييم هذه الإجابة:
Dear Sir,
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am working in Abu Dhabi western region,Im holding a Unlimited Labour contract with my company and working as a contract personal in ADNOC Onshore Buhasa site. Since I have got a better opportunity with other organization & I submit my resignation after continues 20 month of service to my company by given 1 month notice. Now my company is not willing to release me & they are forcing me to continue my employment by using ADNOC authority. Since i dont have any agreement with ADNOC but now ADNOC has circulate an instruction that they will not release me from site. In ADNOC Onshore site, there is a procedure to take permission for going out side & because of that I am unable to go out side for any legal consultation, Please advice.
Lawyer's Assistant: Has anything been filed or reported?
Not yet
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
no thank you

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I am working in Abu Dhabi western region,Im holding a Unlimited Labour contract with my company and working as a contract personal in ADNOC Onshore Buhasa site. Since I have got a better opportunity with other organization & I submit my resignation after continues 20 month of service to my company by given 1 month notice. Now my company is not willing to release me & they are forcing me to continue my employment by using ADNOC authority. Since i dont have any agreement with ADNOC but now ADNOC has circulate an instruction that they will not release me from site. In ADNOC Onshore site, there is a procedure to take permission for going out side & because of that I am unable to go out side for any legal consultation, Please advice

إجابة الخبير: Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 97.5%

Dear customer
,
Welcome, Thank you for joining us,
with all respect and appreciation to you,
According to the mentioned facts, I would like to clarify to you that You can resign the work if the contract is unfixed term then the worker may terminate or resign from work by notifying the employer 30 days prior to the termination
However, if the worker leave or terminate the job without taking into account the first case or without the procedures in the second case, then the worker should compensate the employer, and the employer may ban the worker to work in the country due to breaching the obligations stipulated in the employment contract.\
The law regulating the relations of the federal labor states as follows:
Article (117)
1-the employer and the worker may terminate unfixed term work contract for a legitimate reason at any time after conducting the contact and after notifying the other party in writing at least thirty days prior to its expiry.
2-as for the daily laborers the notification shall be at the following periods:
A- One week if the worker is employed for more than six months and less than one year.
B- Two weeks if the worker has worked for a period not less than one year.
C- One month if the worker is employed for a period not less than five years.
Article(118)
The contract shall remain valid during the notification period referred to in the preceded article and shall terminate on its expiry. The worker is entitled to his full wage for this period based on the last wage, and he should work during this period if the employer requires so.
The parties may not agree on the exemption of the notification condition or to reduce its period, however they may increase this period.
Article (119)
If the employer fails to notify the other party of terminating the contract or reduced the notification period, the party who bound to the notification shall pay a compensation, instead of the notification, even if it did not result in the damage for the other party. The compensation should be equal to the worker’s wage for all or part of the notification period. The compensation shall be calculated based on the last wage the worker is paid. As for workers who are paid monthly, weekly, daily or in hour is based on the average daily wage provided for in Article 75 of this law for those who earn their wages by piece or portion
if the company didn’t implement the settlement that signed between both of you, then you can file a complaint against them in the labor office. If that dispute wasn’t solved amiably, then it will be referred to the labor court to get your agreed dues.
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إسأل Attorney

Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 97.7%

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