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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

i finish my contract to my previous employer i...

تم تقييم هذه الإجابة:
i finish my contract to my previous employer i just want to get my plane ticket for cash its ok for that maam..because they dont want to give
Lawyer's Assistant: Where are you located? It matters because laws vary by location
they leaving at meadows 6
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?
Yes maam..because i just ask what is the legal way

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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 according to the UAE Labor Law, cancelling the visa doesn’t mean losing the worker’s rights. So if the employer cancelled the visa you can ask for the end of services if the termination wasn’t due to article 120 which is violation by the worker.
For the end of services calculation is as below:
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.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.
Article 134
Without prejudice to the provisions of laws that grant pensions or retirement benefits to employees in certain firms, severance pay shall be calculated on the basis of the wage last due for monthly, weekly and daily paid workers, and on the basis of the average daily wage referred to in Article 57 hereof for those paid on piecemeal. The wage used as a basis for calculating severance pay shall not include whatever is given to the worker in kind, housing allowance, transport allowance, travel allowance, overtime pay, representation allowance, cashier’s allowances, children education allowance, allowances for recreational and social facilities, and any other bonuses or allowances.
Article (75):
A worker shall, for each year of service, be entitled to an annual leave of not less than:
1. Two days a month, where the worker’s period of service is more than six months but less than one year.
2. 30 days a year, where the worker’s period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year.
The Labor Law is clear in this regard, especially article (131) which has been clarified to you
Article (131)
1. The employer shall submit to the competent labor department a bank guarantee specifying the type, amount and procedures of filing it, the companies and institutions which it applies and other provisions related to it, a decision of the Council of Ministers. This guarantee is for the good performance of the employer's obligations stipulated in Articles 131 and Article (131) Duplicate of this Law.
2- The deduction of any amounts from the bank guarantee referred to in paragraph (1) of this Article shall be by virtue of a court ruling, except for the following:
(A) the expenses of returning the worker to his home or to the place agreed upon with the employer.
B- Amounts approved by the employer before the Labor Department concerned with the worker's entitlement.
In such cases, the Ministry may deduct such dues from the amount of the guarantee referred to in item (1) Of this article.
Its performance to the worker and compliance with the prescribed rights
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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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