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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hello good morning, I work in Sharjah and got...
Hello good morning, I work in Sharjah and got redundant by the company. How many days I can stay in the country? Is company will pay for the months? How many months company should pay? Do I need to work for those days?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Sharjah, kalba. U.A.E
Lawyer's Assistant: Has anything been filed or reported?
Where? Legal? No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Nothing.
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إجابة الخبير: 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 It should be noted that after reviewing your inquiry and legal scrutiny we would like to provide you with the following:
In accordance with the UAE Labor Law, which regulates the nature of the contractual relationship between the worker and the employer in relation to the termination of the work, as well as the text of 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.
*** If the period of notification is three months, you may be required to pay compensation according to the law to the employer if the time required to leave the work and to travel with the husband so compensation can be paid to the employer but we recommend reaching an amicable settlement with the employer and the circumstances of the husband's travel to end the order amicably, otherwise I have to complete the notice period
***Article (115):
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according to the UAE Labor Law, it is possible to stay in the country for 30 days after canceling the visa for the possibility of changing the residence status, and if it is not possible to change the residence during this period, you have to leave the country
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.
Thanks for joining and trusting us, much appreciated!
We would like to inform you that It should be noted that after reviewing your inquiry and legal scrutiny we would like to provide you with the following:
In accordance with the UAE Labor Law, which regulates the nature of the contractual relationship between the worker and the employer in relation to the termination of the work, as well as the text of 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.
*** If the period of notification is three months, you may be required to pay compensation according to the law to the employer if the time required to leave the work and to travel with the husband so compensation can be paid to the employer but we recommend reaching an amicable settlement with the employer and the circumstances of the husband's travel to end the order amicably, otherwise I have to complete the notice period
***Article (115):
Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article (120) he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract.
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according to the UAE Labor Law, it is possible to stay in the country for 30 days after canceling the visa for the possibility of changing the residence status, and if it is not possible to change the residence during this period, you have to leave the country
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.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
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