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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Lawyer

I would like to know if I will face any penalties...

تم تقييم هذه الإجابة:
I would like to know if I will face any penalties if I change employment at the end of this academic year
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?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I am on an unlimited contract which states I should give 3 months or 1 term notice to my employer, but what if I do not do this?

إطرح سؤالك

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Dear customer ,
Welcome, Thank you for joining us,
with all respect and appreciation to you,
According to the mentioned facts, I would like to clarify to you that You can resign the work but you should distinguish between the two cases;
1-if the contract is fixed term then you cannot terminate the contract without the consent of the employer unless in the following cases:
-if the employer fails to commit his obligations towards the worker based on the provisions stipulated in the contract or the law.
-if the employer or his representative assault the worker.
2-if the contract is unfixed term then the worker may terminate or resign from work by notifying the employer 30 days prior to the termination  
However, if the worker leave or terminate the job without taking into account the first case or without the procedures in the second case, then the worker should compensate the employer, and the employer may ban the worker to work in the country due to breaching the obligations stipulated in the employment contract.\

  • The law regulating the relations of the federal labor states as follows:
  •   Article (116)

If the contract is terminated by the worker for other reasons than mentioned in article (121) the worker should compensate the employer of the damage caused by terminating the contract. The compensation should not exceed half a month for each month of the remaining period of the contract, unless there is a provision in the contract stipulating otherwise.

  • Article (117)

1-the employer and the worker may terminate unfixed term work contract for a legitimate reason at any time after conducting the contact and after notifying the other party in writing at least thirty days prior to its expiry.
2-as for the daily laborers the notification shall be at the following periods:
A- One week if the worker is employed for more than six months and less than one year.
B- Two weeks if the worker has worked for a period not less than one year.
C- One month if the worker is employed for a period not less than five years.

  • Article(118)

The contract shall remain valid during the notification period referred to in the preceded article and shall terminate on its expiry. The worker is entitled to his full wage for this period based on the last wage, and he should work during this period if the employer requires so.
The parties may not agree on the exemption of the notification condition or to reduce its period, however they may increase this period.

  • Article (119)

If the employer fails to notify the other party of terminating the contract or reduced the notification period, the party who bound to the notification shall pay a compensation, instead of the notification, even if it did not result in the damage for the other party. The compensation should be equal to the worker’s wage for all or part of the notification period. The compensation shall be calculated based on the last wage the worker is paid. As for workers who are paid monthly, weekly, daily or in hour is based on the average daily wage provided for in Article 75 of this law for those who earn their wages by piece or portion

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الرد من العميل

I am on an unlimited contract, there is no fixed date for the contract to end. The contract states that I should give 3 months or 1 terms notice, if I resign now I would only be able to give 2 months notice. Does this mean that I would then have to pay 6 weeks wages to the company and face a working ban?

الرد من العميل

The only document that I signed was an ‘Offer Letter’, is this a legal contract in the UAE?

إجابة الخبير: Abd Alhameed Kieshar

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.

 

  1. 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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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

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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