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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Hi I am working with one llc company my visa is...
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Hi am working in one llc company from one month but my visa not yet stamped can I cancel my visa
إجابة الخبير: 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):
- 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.
- 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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إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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