إسأل Lawyer الآن

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

 I am working with a Typing Center as a (Archives...

تم تقييم هذه الإجابة:
 I am working with a Typing Center as a (Archives Clerk/ Arabic English Typist) in Dubai since 13/04/2015 (4 years completed) Now my visa is expired on 29/04/2019, My sponsor didn’t gave me termination letter, just he told me I am terminating you from job, and I will cancel your visa in the last of May 2019, (I am still working), My total Salary is Dhs.4,300/- but in my labour contract my salary written as below:Basic Salary : 2500-00Accommodation : 500-00 : 3000-00, I am getting Dhs. Three thousand every month from a Money Exchange, and my sponsor giving remaining amount of 1,300/- in cash. 1) Please reply me what will be my Gratuity? 2) And what about termination wage. __________________________________________________________ Every year when I goes to India on vacation, My Sponsor gives me on month salary and a one way Air ticket, but now he is giving me only one month salary he is not giving me One way Air Ticket price and saying that I am cancelling your visa so, I will give you one way 1 Air ticket after visa cancellation. 3) Please reply me, May I have rights to take leave salary along with leave ticket Price? _____________________________________________________ As per UAE Labour Law working hours are 8 hours per day, but this typing center’s working hours are Morning 8.30AM to 1.30PM and evening from 4.30PM to 9.30PM. (it means 10 hours per day) Please reply me, May I have rights to take 2 hours salary per day as over time? Thanking you,Yours truly,Mohammed Abdul Naeem 0565743167
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No

إطرح سؤالك

الرد من العميل

Please reply me soon, Thanks,

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.
Article (131).
I hope my answer was helpful, please let me know if you have any follow up questions.
If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,

الرد من العميل

And what about termination wage?one way Air ticket for vacation?I have worked everyday 10 hours, what about 2 hours overtime?

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 that It should be noted that after reviewing your inquiry and legal scrutiny we would like to provide you with the following:
Accordance with the UAE Labor Law, this is considered a legal offense if the work contract does not coincide with the signed employment contract and this visa on the one hand and on the other hand, So that you are not required to pay any compensation can be addressed to complain against work and workers and explain the matter in detail since the law is provided in Article (121)
Article 121:
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
*** Therefore, the employer can't claim any compensation as a result of leaving work according to Article (116) which is not applicable to you because of the violation
Article (116):
Where a contract is revoked by the worker for reasons other than those stipulated in Article (121), he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
*** All of this provided that the violation is proven and that there is another violation where the law specifies working hours according to the following legal articles
Article 65
The maximum normal working hours for adult workers shall be eight hours in the day, 48 hours in the week. They may be increased to nine hours a day in commercial establishments, hotels, cafeterias, security services and such other businesses as may be added by resolution of the Minister of Labour and Social Affairs. The daily working hours may be reduced by resolution of the Minister of Labour and Social Affairs, in the case of arduous or health-hazardous work. Two during the month of Ramadan shall reduce the normal working hours. The periods spent by a worker in traveling between his home and place of work shall not be included in his working hours
Article 66
The daily working hours shall be so regulated that no worker shall work for more than five successive hours without breaks - for rest, meals and prayer- amounting in aggregate to not less than one hour. Such breaks shall not be included as part of the working hours. However, in factories and workshops where work is organised in the form of successive day and night shifts, and in processes where work has to continue uninterrupted for technical and economic reasons, the manner in which breaks for rest, meals and prayer are to be granted shall be specified in a resolution by the Minister.
Article 67
Where the work circumstances require a worker to work more than the normal number of hours, any period worked in excess shall be treated as overtime, for which the worker shall receive the wage stipulated for his normal working hours, plus a supplement of at least 25 per cent of that wage.
Article 68
Where the work circumstances require a worker to work overtime between 9 p.m. and 4 a.m. he shall be entitled in respect of such overtime to the wage stipulated for his normal working hours, plus a supplement of at least 50 per cent of that wage.
Article 69
The number of hours of actual overtime shall not exceed two a day, unless such work is essential for preventing a substantial loss or a serious accident, or eliminating or alleviating the impact of the latter.
Article 70
Friday shall be the normal weekly rest day for all workers except the daily-paid. Where a worker has to be put on duty on that day, he shall be compensated with a substitute rest day or be paid his basic wage for his normal hours of work plus a supplement of at least 50 per cent of that wage.
Article 71
No worker other than a daily-paid shall be required to work more than two successive Fridays
*** We recommend that you submit a complaint and explain the possibility of avoiding any claim for compensation and give you permission to change the employer without the requirement to obtain non-objection from the sponsor
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار