إسأل Lawyer الآن
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
Lawyer
Dear sir /madam I am sales representative in uae...
Dear sir /madam
I am sales representative in uae
My question is
I got offer letter from another company
And i have resign on 22/5/19 to my line manager my mail and hardcopy given to my manager .but in mail i did no cc to hr department . after i give resign my manager want to keep me with him and he offere me salary increase and i says if you increase i will stay .
And he try to increase but hr manager not agree .they says they will increase in August .and i says i cant wait i will go
Now problem is my manager want to clear all the overdue from market .it not possible i have given all the balance confirmation to the company .and today i wait to hr to ask my visa cansalation but they ask resign approval letters and they said your manager did not samited your resign letter to us .
But my manager told me he already samited hr after 1 week of my resign .
I want to know
1) do i have to clean all overdue from customers
2) my resign and notice valid or no
3) i am working 2 and 8 manth in this cumpany and unlimited cantact and 1 manth notice
إطرح سؤالك
إجابة الخبير: Abd Alhameed Kieshar
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the UAE Labor Law, if you resigned from the work of unlimited contract legally such as informing the employer of the resignation before 30 days and keep on working during that period, so that termination is legal and you are entitled to get the end of services, allowances and all the due salaries. Also, the employer at the end of the contract shall grant you certificate of the end of services free of charge, that certificate clarify the date of starting and ending the services and the period of working and the type of the work and the last wage and return any certificate provided by the worker. The law prevents the worker from paying the visa fees unless there is written agreement between the employer and worker.
Article (113)
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
Article (117):
1. 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.
2. 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 (118):
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
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.
If you have another question, feel free to ask us and we will answer with pleasure.
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Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the UAE Labor Law, if you resigned from the work of unlimited contract legally such as informing the employer of the resignation before 30 days and keep on working during that period, so that termination is legal and you are entitled to get the end of services, allowances and all the due salaries. Also, the employer at the end of the contract shall grant you certificate of the end of services free of charge, that certificate clarify the date of starting and ending the services and the period of working and the type of the work and the last wage and return any certificate provided by the worker. The law prevents the worker from paying the visa fees unless there is written agreement between the employer and worker.
Article (113)
An employment contract shall terminate in any of the following cases:
1. By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, provided that the provisions of this Law concerning the notice and the valid grounds of termination without arbitrariness are adhered to.
Article (117):
1. 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.
2. 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 (118):
A contract shall subsist throughout the notice period referred to in the preceding Article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period.
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.
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
إسأل Lawyer
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
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