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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
I have been ongoing and reported this bullying by...
I have been ongoing and reported this bullying by my Assistant Principal to my higher Admin. He even asked me twice if I was going to resign, and he told me at 8 months 5 days when again I asked when will my probation be signed off, I had to do 3 more months probation. Now I resigned, and the school is going to withhold a months pay and give me no gratuity for a full year of service. I gave 3 months notice of my resignation. I reported many times the bullying to Admin at my school. The HR Dept agreed in a meeting called by one of the Admin, to paying me the things they are now not going to pay me. I work in a Presidential Affairs School.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu Dhabi
Lawyer's Assistant: Has anything been filed or reported?
I have been to Tasheel at least 3 times to discuss the Probation and Bullying issues. I went to TwaFouq about this too and then about the more recently telling me no gratuity and loss of a months pay. They all told me this is all against the law.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
They gave me a contract that is for 3 years. They also started me and paid me by cheque from August 15 2018. But the contract we all signed has start date August 26th date on it. When I raised this issue - they agreed I was paid from August 15th, so my contract is that date. It's important because I resigned on August 15 2019, after a complete year. Plus they wrote on their contract, if you do not resign by January 31 2019 for the year, you will be penalised. I asked Tasheel etc and was told it is 1 month private, 2 months Govt, so I gave 3 months resignation.
إطرح سؤالك
الرد من العميل
Can they keep 1 months pay, and no Gratuity from me?
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 Article (56). Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks.
Thus, if there is a violation in the employment contract, he may go to the Ministry of Labor and file a complaint and then leave the work according to Article 121:
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
Then you can change the employer without NOC from the employer. Therefore, it is clear that the existence of the violation can be with him and as explained to go to the Labor Office and submit a complaint to the work of the branch and established in the UAE and that if you dispense with your services without the existence of the legal justification here Article (60)
Article 60
No amount of money may be deducted from a worker's wage in respect of private claims, except in the following cases:
1. Repayment of loans or money advances paid to the worker in excess of his entitlements, provided that the amount deducted in this case shall not exceed 10 per cent of his wage.
2. Contributions that the workers are required by law to make from their wages, towards social security and insurance schemes.
3. The worker’s contributions to a provident fund or repayment of loans due thereto.
4. Contributions towards any welfare scheme or in respect of any other privileges or services provided by the employer and approved by the labour department.
5. Fines imposed upon the worker for any offence he commits.
6. Any debt exacted in execution of a court ruling, provided, however, that the deduction made in execution thereof should not exceed one-quarter of the wage due to the worker. Where there are several debts or creditors, the maximum deduction shall be half the worker’s wage, which shall be divided pro rata among the creditors, after payment of any legal alimony to the extent of one quarter of the worker’s wage.
Article 61
Where a worker, either through his own fault or as a result of violating the employer's instructions, causes a loss, damage or destruction to any tools, machines, products or materials that are owned by or in the custody of the employer, the employer may deduct from the worker's wage such amount as may be necessary for repair or restoration, provided that the amount so deducted shall not exceed five days’ wage for each month. However, the employer, through the concerned labour department, may request the competent court for permission to deduct a higher amount if the worker has money or any other source of income.
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 Article (56). Workers who are hired at an annual or monthly wage are paid at least once a month and all other workers are paid at least once every two weeks.
Thus, if there is a violation in the employment contract, he may go to the Ministry of Labor and file a complaint and then leave the work according to Article 121:
A worker may leave work without notice in one of the following cases:
1- If the employer violates his obligations before the worker in the articles stipulated in the contract or the law.
2- If the employer or his legal representative signs an assault on the worker.
Then you can change the employer without NOC from the employer. Therefore, it is clear that the existence of the violation can be with him and as explained to go to the Labor Office and submit a complaint to the work of the branch and established in the UAE and that if you dispense with your services without the existence of the legal justification here Article (60)
Article 60
No amount of money may be deducted from a worker's wage in respect of private claims, except in the following cases:
1. Repayment of loans or money advances paid to the worker in excess of his entitlements, provided that the amount deducted in this case shall not exceed 10 per cent of his wage.
2. Contributions that the workers are required by law to make from their wages, towards social security and insurance schemes.
3. The worker’s contributions to a provident fund or repayment of loans due thereto.
4. Contributions towards any welfare scheme or in respect of any other privileges or services provided by the employer and approved by the labour department.
5. Fines imposed upon the worker for any offence he commits.
6. Any debt exacted in execution of a court ruling, provided, however, that the deduction made in execution thereof should not exceed one-quarter of the wage due to the worker. Where there are several debts or creditors, the maximum deduction shall be half the worker’s wage, which shall be divided pro rata among the creditors, after payment of any legal alimony to the extent of one quarter of the worker’s wage.
Article 61
Where a worker, either through his own fault or as a result of violating the employer's instructions, causes a loss, damage or destruction to any tools, machines, products or materials that are owned by or in the custody of the employer, the employer may deduct from the worker's wage such amount as may be necessary for repair or restoration, provided that the amount so deducted shall not exceed five days’ wage for each month. However, the employer, through the concerned labour department, may request the competent court for permission to deduct a higher amount if the worker has money or any other source of income.
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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