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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

My working visa was already expired and iw my...

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My working visa was already expired and iw my company is processing my cancellation but still Im working with then u till now to wait my visa to be expired is it allowed I'm from uae
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I'm from uae dubai
Lawyer's Assistant: Has anything been filed or reported?
They already filed to ministry of labour a out my cancellation
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Nothing

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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 If the employment contract is terminated, the employer is not entitled to demand that the worker continue to perform the work. If the employer asks the worker to continue to perform the work after the expiry of the contract of employment, the contract of employment here becomes an indefinite employment contract that ends only by informing one of the parties of his desire to termination of the employment contract at least one month before the end of the work.
Here is the text of the UAE Labor Law, concerning your inquiry:
Article 39

An employment contract shall, from its inception, be considered as an indefinite term contract if and only if it:

 

  1. Is not written.
  2. Is concluded for an unspecified period.
  3. Was originally written and concluded for a definite term but both parties, without a written agreement between them, continued to perform it after its expiry; or

 

  1. Was originally concluded for the execution of a specific work that had no specific duration or that is recurrent by nature, but the contract continued after completion of that specific work.

 

Article (40):

If the two parties continue the execution of the contract after the expiration of its original period of the expiration of the job as agreed upon without explicit announcement, the original contract shall deemed to be extended implicitly with the same conditions except for the duration term.

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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