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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I am a teacher and i left my school 7 months back...

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I am a teacher and i left my school 7 months back but i still have not got my benefits...can i file a case
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu dhabi al ain
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?
I wanted to know where can i get to know my labor card issue date

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                     
Thanks for joining and trusting us, much appreciated!

We would like to inform you that As long as one year has not passed since the end of the employment contract, you can claim all your financial dues and you can file a complaint against the employer. The complaint is submitted to the Ministry of Human Resources and Emiratisation, which can also obtain any data related to the business card.
Here is the text of the UAE Labor Law, concerning your inquiry:
Article 6
Without prejudice to the rules provided for under this Law concerning collective labour disputes, if the employer, the worker or any beneficiary thereof disputes any of the rights provided for any of them under this Law, he shall file an application to the competent Labour Department, which shall summon both parties and take whatever action it deems necessary to settle the dispute amicably.
If no such amicable settlement is reached, the said Department shall, within two weeks from the date of application, refer the dispute to the competent court under a memorandum containing a summary of the dispute, the arguments of both parties, and the Department’s comments. The court shall, within three days from date of receiving the application, fix a hearing date and notify the parties accordingly. The court may summon a representative of the Labour Department to explain the content of the memorandum submitted by it.
In all cases, no claim for any of the rights provided for in this Law shall be heard if brought to court after the lapse of one year from the date of accrual, nor shall any claim be admitted if the procedures stated in this Article are not complied with.

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الرد من العميل

Is the joining date considered as the start date of the service or the labour contract date. My employer did not give me the labor card and at the time of cancellation he gave me the cancellation of labour contract. I was not aware of such thing. Also i have served my notice period as per my joining date. I completed two years with service wirh them but still they denied to.pay my one way ticket and gratuity. Is there any way i can show my documents to someone and get a clearer picture before filing a complaint. Will there be any charges for meeting the lawyer or can I send the documents online and get consulted. And also will the court charge me a fees or penalty if I file a case.

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                                 
welcome again
 
We would like to inform you that you must review all terms of the contract to know the date of actual work.
Moreover, the Labor Law grants the employee the right to claim flight tickets once the specified employment contract expires without the agreement between the worker and the employer to renew it or in the case of termination of the employment contract by the employer.
If the contract of employment is terminated by the worker, he / she is not entitled to a reward for the end of the service.
Here is the text of the UAE Labor Law concerning your inquiry:
Article (133)
The worker shall be entitled to a reward for the fractions of the year in proportion to what he has done in the work provided that he has completed a year of continuous service.
Article (134)
Without prejudice to the stipulations of some laws to grant pension or pension benefits to employees in some establishments, the end of service benefit shall be calculated on the basis of the last wage that the worker is entitled to for those who earn their wages by month, week or day and on the basis of the average daily wage provided for in Article 57 Of this Law shall be paid to those who are paid a piece of work and shall not be included in the remuneration which is the basis for the calculation of the end of service benefits, such as the allowance, housing allowance, travel allowance, travel allowance, overtime allowance, representation allowance, trading allowance (allowance), children's education allowance, Other allowances or allowances.
Article (139)
The worker shall be deprived of all service remuneration in one of the following two cases:
 (A) If he is dismissed from service for one of the reasons set out in Article 120 of this Law, or to leave work to avoid dismissal in accordance with its provisions.
B) If the work is left with a choice and without notice in the two cases provided for in the article
(121) of this Law for non-fixed-term contracts or before completing five years of continuous service for fixed-term contracts.
If you have another question, feel free to ask us and we will answer with pleasure.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
 Kind Regards,
 

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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