إسأل Lawyer الآن
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
I can cancel my visa any tiime?
إجابة الخبير: 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 contract is limited, neither of you can terminate it before its expiry without a legal reason. If the contract is unlimited, it may not be terminated except by a reasonable notice period, which shall not be less than thirty days.
If the employment contract is terminated illegally, the other party may file a complaint at the Ministry of Human Resources for compensation.
Here is the text of the UAE Labor Law related to your inquiry:
Article 115
If the contract of employment is fixed for a period of time, 120 He was obliged to compensate the worker for the damage he suffered, provided that the amount of the compensation in any case does not exceed the sum of the wage due for a period of three months or the remaining period of the contract whichever is shorter, unless there is provision in the contract that stipulates otherwise.
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):
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
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Kind Regards,
الرد من العميل
I want cancel my visa but company asking they need visa expens
الرد من العميل
They want money for visa cost
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Dear Customer,
Welcome again!
We would like to inform you that UAE Labor Law doesn’t grant the worker to terminate the work contract during the probation period. As the worker has to pay compensation less than the wage of a month and half during the probation period or during the contract.
There is no legal article states that the worker shall pay the visa expenses if he terminated the work contract illegally.
We are delighted to answer your question, worth to mention that you can also consult our experts on Jawabkom, as Doctors, Nutritionists, Engineers, and the list never ends
Kind Regards,
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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