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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

My visa has finished on 24th January 2019. The...

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My visa has finished on 24th January 2019. The company did not settle my dues due to the cash flow. They have later terminated my services by issuing a termination letter by email on 14th February 2019 . They sent me this termination letter by email . The letter is dated 12th Feb. and says that the termination is affective from 7th February 2019. The reason for termination refers to clause 120 of federal law 8 of 1980 regulating employment relationship. The reason stated for termination is being absent for 7 consecutive days without any legal reason therefor.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I am based in Dubai.
Lawyer's Assistant: Has anything been filed or reported?
No . I reckon they do it want to not my terminal benefits of gratuity and leave salary . I have worked for over 6 years . I did reply to them that I have never been absent . They did not reply. Now on asking them to already give me details of dues payable to me. They have prepared a statement but without gratuity and leave salary. Pls advise is this termination Valid as my visa already expired I. 24th January 2019
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
This is all

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the UAE Labor Law, the below articles are related with the end of services benefits:
Article 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.
Article (75):
A worker shall, for each year of service, be entitled to an annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six months but less than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
And the termination is a legal statement that requires to go to the Labor Office and submit a complaint and if the Labor Office can not terminate the dispute, the matter shall be referred to the court and the court shall decide on the obligation of the employer to pay full labor rights
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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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