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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I was working for one company and resigned before...

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I was working for one company and resigned before approbation period finished. I resigned for 24 hours. As per UAE labor law I have to pay salary for 45 days. Is it calculated from basic salary or with all allowance?

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إجابة الخبير: Waleed Al-Helo

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 with reference to the UAE Labor Law regulating the nature of the contractual relationship between the worker and the work side with attention if the contract of employment is fixed term and ended the period without the desire to renew you have full labor rights, especially since the law in article (113):
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 132
A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 1. 21 days' wage for each of the first five years of service. 2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.
**** Consequently, you have only the pay due, and in return you can claim compensation according to article 116 of the law:
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.
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Sorry, I didn’t receive answer for my question

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again!
According to the Labor Law and the text of Article (37) the period of experience is an absolute right of the employer, not the worker, during which the employer can terminate the employee's services without prior notice or rights, but the worker may terminate the work if the violation of the signed employment contract which is stipulated in Article (37):
Article (37):
The worker may be appointed under probation for a period not exceeding six months and the employer may dispense with the services of the worker during this period without warning and without end of service reward. The worker may not be appointed. Under experience more than once with one employer, and if the worker successfully passed the period of the experiment and continued to work, the period of service shall be calculated.
*** As for the claim for compensation will be in accordance with the salary as a whole basic + bonuses, any of the total and not the basic salary
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.
Accept our respect and appreciation.
Kind Regards,

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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