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Moheb Hassan
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الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Hello, I want to know all the legal rights of an...
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Dear Customer,
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We would like to inform that If the employment contract is terminated without notice and without a legal reason, the other party must be compensated. If the worker is the one who terminated the employment contract illegally, he shall pay the following dues to the employer:
- Compensation not exceeding the value of a month and a half salary maximum.
- Carry the cost of airline tickets in order to return the worker to his country.
- Payment of compensation equivalent to the duration of the notification, which must not be less than thirty days.
If the employer has terminated the employment contract illegally, he shall pay the following dues to the worker:
- Indemnity .
- Compensation for arbitrary dismissal.
- Compensate for time-consuming risks.
- Carry the cost of airline tickets if the worker will return to his state.
The worker or employer may lodge a complaint against the other party at the Ministry of Human Resources and Settlement to claim financial rights upon termination of the contract
Here is the text of the UAE Labor Law, which relates to your inquiry:
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.
Article (117):
- Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
- For the daily-paid workers, the notice period shall be as follows:
- One week: if the worker has been employed for more than six months but less than one year.
- Two weeks: if the worker has been employed for not less than one year.
One month: if the worker has been employed for not less than five years.
Article (119):
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or shorter notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
Article 123:
1 - Where a worker is arbitrarily dismissed, the competent court may order the employer to pay him a compensation, to be assessed by the court with due regard to the nature of the work, the extent of damage sustained by the worker and his period of service, and after investigating the work circumstances, provided that such compensation shall in no case exceed the worker's wage for three months, calculated on the basis of his last wage.
2 - The provisions of the preceding paragraph shall not prejudice the worker's right to the gratuity he is entitled to and the compensation in lieu of notice provided for in this law.
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إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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