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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Hi! I would like to ask about my brother's...

تم تقييم هذه الإجابة:
Hi! I would like to ask about my brother's situation.. he's a teacher of The Philippine Global School here in UAE. he is resigning but the school want him to pay for 3 months salary. his Visa is limited and this is his 2nd contract from the school. is it right to pay for 3months salary or only 45 days?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Abu dhabi muroor road.
Lawyer's Assistant: Has anything been filed or reported?
not yet. just still asking a legal advice
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
nothing more

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إجابة الخبير: Moheb Hassan

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 UAE Labor Law did not grant the worker the right to terminate the employment contract during the probation period (which must not exceed six months), but the employer only has the right to terminate the employment contract during the probation period.

The employee cannot terminate the employment contract until the expiry of the contract. If the employee terminates the limited contract, he must pay compensation to the employer (the compensation value shall not exceed one and a half months' salary)

The employer is entitled to request a ban against the worker and prevent him from working in the UAE for one year if the worker terminates the contract before the end of his term.

The unlimited contract may be terminated after six months, provided that the worker gives the employer notice before the end of the employment contract of at least one month. If the worker terminates the unlimited contract provided that the notice period is respected, the worker shall not pay any compensation to the employer:

Here is the text of the UAE Labor Law, concerning your inquiry:

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.

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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الرد من العميل

Hello sirI have worked in my school for 4 consecutive school years. But then since the first contract was delayed so even I've served for 4 consecutive years it still falls on the not finish contract.My question is, because the two contracts was overlapping : my first contract was 2016-2018 and my second is 2017-2019 . I am working in the same company. It seems that they have cancelled my first limited contract without proper settlement.Can I still file a complaint to get that proper settlement I should get from the fist contract? Thanks for your help

إجابة الخبير: Moheb Hassan

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 No labor rights can be claimed after one year from the due date.
Here's the text of the Labor Law, which concerns your inquiry:
Article 6
Without prejudice to the rules provided for under this Law concerning collective labour disputes, if the employer, the worker or any beneficiary thereof disputes any of the rights provided for any of them under this Law, he shall file an application to the competent Labour Department, which shall summon both parties and take whatever action it deems necessary to settle the dispute amicably.
If no such amicable settlement is reached, the said Department shall, within two weeks from the date of application, refer the dispute to the competent court under a memorandum containing a summary of the dispute, the arguments of both parties, and the Department’s comments. The court shall, within three days from date of receiving the application, fix a hearing date and notify the parties accordingly. The court may summon a representative of the Labour Department to explain the content of the memorandum submitted by it.
In all cases, no claim for any of the rights provided for in this Law shall be heard if brought to court after the lapse of one year from the date of accrual, nor shall any claim be admitted if the procedures stated in this Article are not complied with.

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,

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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