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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
My Wife is working in a School on a Limited...
My Wife is working in a School on a Limited Contract which was renewed in February this year for 2 years.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
dubai
Lawyer's Assistant: Has anything been filed or reported?
Now they have given her notice & said that due to Restructuring she will not continue hence the limited contract is broken
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
now they are not giving her anything for breaking contract & also nothing since i think it an arbitrary dismissal
إطرح سؤالك
الرد من العميل
waiting
إجابة الخبير: 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 Labor Law, it is not legally permissible to force the worker to resign. In case you are prevented from working, the order is considered an arbitrary chapter in accordance with article 115 of the Labor Law, which states:
Article (115):
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
*** Therefore, you can file a complaint with the Labor Office and explain the matter in detail and that the purpose is extortion and forced you to pay compensation is not due to the work and that the matter be handled by this body otherwise the sponsor was obliged to pay compensation to the worker according to law
We would like to inform you that it is illegal to force you on resignation, as it is considered arbitrary which shall allow you to receive a compensation as mentioned in 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.
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,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that According to the Labor Law, it is not legally permissible to force the worker to resign. In case you are prevented from working, the order is considered an arbitrary chapter in accordance with article 115 of the Labor Law, which states:
Article (115):
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
*** Therefore, you can file a complaint with the Labor Office and explain the matter in detail and that the purpose is extortion and forced you to pay compensation is not due to the work and that the matter be handled by this body otherwise the sponsor was obliged to pay compensation to the worker according to law
We would like to inform you that it is illegal to force you on resignation, as it is considered arbitrary which shall allow you to receive a compensation as mentioned in 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.
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
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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